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COPYRIGHT DEPOSIT 



A TEXT BOOK 



NEW YORK SCHOOL LAW 



INCLUDING 

THE REVISED EDUCATION LAW, THE DECISIONS OF COURTS. 
AND THE RULINGS AND DECISIONS OF STATE 
SUPERINTENDENTS AND THE COM- 
MISSIONER OF EDUCATION 

Prepared for the use of Normal Schools, Training Claesee, Teachers and 

School Officers 



THOMAS E. FINEGAN, A. M., Pd. Dl, LL. D. 

Attorney and Counsellor-at-Law 

Third Assistant Commissioner of Education of 
the State of New York 



- SEVENTH EDITION 

REVISED TO JANUARY 1, 1913 




ALBANY, N. Y. 

MATTHEW BENDER & COMPANY 

1913 



^. 






Copyright 1902, 
By Thomas E. Finegan 



Copyright 1907, 
By Matthew Bender & CompanI 



Copyright 1908, 
By Matthew Bender & CoMPAirf 



Copyright 1910. 
By Matthkw Bender & Compaut 



Copyright 1913, 
By MATTHE.W Bendeb & Compart 



y^pi ft o /I o n o 1 i^-^ 



PUBLISHER'S ANNOUNCEMENT. 



This New Seventh Edition is completely revised to January 
1, 1913, giving the law as in force at that date. Attention is 
especially called to Chapter XXX, added in this edition, which 
treats the new law relating to the retirement of teachers. 

Eebmary 5, 1913. 



PEEFACE TO SIXTH EDITION. 



In preparing this work the author has endeavored to arrange 
in systematic form the provisions of law relating to the public 
school system of the state. He has also endeavored to give as 
much on the historical development of the school system as might 
be pertinent in a work of this nature. His aim has been to 
express the provisions of law in the simplest manner possible, 
and to avoid all legal phraseology. He has written this after 
an experience of twenty-five years in various fields of public 
school work and with an earnest desire to make it of the greatest 
possible service to the teachers and school officers of the state. 

At the beginning of each chapter reference is given to the 
section or title of the education law on which the chapter is 
based. This reference governs the entire chapter unless other 
references are given at the end of a paragraph. Reference to 
the decisions of state superintendents or the commissioner of 
education are by number. These decisions are given in full in 
Official Decisions by Finegan. 

At the end of each chapter questions covering the text of the 
chapter will be found. These questions may help students in 
review work and in forming a more definite and accurate knowl- 
edge of the subject. 

THOMAS E. FINEGAN. 
Albany, N. Y., November i, 1910. 



CONTENTS 



CHAPTER I 

PAGE 

State Education Department 9-1 5 

CHAPTER II 

University of the State of New York — Regents, 
election, powers and duties — General functions of 
university 1 6-24 

CHAPTER III 
Commissioner of Education 25-30 

CHAPTER IV 
Rural School Supervision 31-48 

CHAPTER V 

Duties of Supervisors, Town Clerks, County Treasurers, • 
District Attorneys, and County Judges in relation to 
school matters 49-57 

CHAPTER VI 

School Districts — Origin, Formation, Alterations, Dis- 
solution, etc 58-74 

CHAPTER VII 
District Meetings 75-83 

CHAPTER VIII 

Voters at School District Meetings — Qualifications, 

Challenges, etc 84-88 

CHAPTER IX 
Common School District Officers 89-96 



5 CONTENTS 

CHAPTER X 

PAGE 

Common School District Officers {continued), Trus- 
tees, powers and duties 97-104 

CHAPTER XI 

Common School District Officers {continued) — Clerk, 

Collector, Treasurer, Librarian 105-111 

CHAPTER XII 
Union Free School District Officers 112-122 

CHAPTER XIII 
Board of Education — Powers and Duties 123-134 

CHAPTER XIV 
Sites and School Buildings i35-i47 

CHAPTER XV 
Assessment and Collection of District Taxes 148-163 

CHAPTER XVI 
State School Moneys 164-177 

CHAPTER XVII 

Courses of Study, Subjects Included, Etc., Physiology, 

and Hygiene 178-183 

CHAPTER XVIII 

Contracts for Education of Children — Transportation of 
Children — Free Tuition in High Schools — Savings 
Banks in Schools — Vaccination 184-191 

CHAPTER XIX 

Teachers' Qualifications, Certificates, Contracts, Powers 

and Duties 192-216 

CHAPTER XX 
Industrial Education 217-221 

CHAPTER XXI 
Compulsory Education 222-234 



CONTENTS 7 

CHAPTER XXII 

PAGE 

School Census 235-238 

CHAPTER XXIII 
State Scholarships in Cornell University 239-242 

CHAPTER XXIV 
State Normal Institutions 243-251 

CHAPTER XXV 

Schools for Colored Children, Orphan Schools, Indian 

Schools, Deaf and Dumb and Blind Institutions. . . . 252-259 

CHAPTER XXVI 
Appeals to the Commissioner of Education 260-265 

CHAPTER XXVII 
Text-books, Education Code, Arbor Day, Flag Law. . 266-271 

CHAPTER XXVIII 
School and Public Libraries 272-275 

CHAPTER XXIX 

Teachers* Training Classes, Training Schools, Teachers' 

Institutes 27(S>-28s 

CHAPTEK XXX 
JRetirement of Teachers , 281-286 



NEW YORK SCHOOL LAW 



CHAPTER I 



STATE EDUCATION DEPARTMENT 
[Article 2] 
Historical Sketch. — The Department of the State govern- 
ment which has supervision of all public education is novr 
called the Education Department. Since 1812 there has been 
a Department or Departments of the State government under 
different names charged with this duty. The present Depart- 
ment was created by the Unification Act of 1904, is continued 
under the present education law and is charged with the 
general management and supervision of all public schools 
and all of the educational work of the State, and it also 
includes the operations of the University of the State of 
New York. The Education Department was organized and 
its work classified as follows : 

BOARD OF REGENTS 

General Powers. — The Board of Regents has, subject to 
the laws of the State, legislative control over the Education 
Department and State educational policies and such board 
also exercises all the powers of the University of the State of 
New York. It approves all appointments made by the Com- 
missioner of Education, and fills any vacancy that may exist 
in the office of Commissioner of Education. 

It gives direction to the work related to admission to the 
learned professions, to the management of the State library 
and the scientific work of the State, and to other educational 
work sustained by the State outside of teaching institutions. 



XO NEW YORK SCHOOL LAW 

Number. — The law provides that there shall always be 
three more regents than there are judicial districts in the 
State. As there are nine judicial districts at present, there 
must be twelve regents. 

Election. — One regent is chosen on joint ballot of the 
assembly and the senate during the second week in February 
each year. 

Term. — As one regent is chosen each year and as the 
number of regents is twelve, the term of a regent is twelve 
years. 

Vacancies — How Filled. — If a vacancy on the Board of 
P.egents occurs in a judicial district which should still have a 
representative on the Board of Regents and there shall be at 
the time of such vacancy a district not represented on such 
iDoard, such vacancy must be filled by the election of a regent 
residing in such unrepresented district. 

If a vacancy in the ofifice of regent occurs for other cause 
than expiration of term of office, such vacancy shall be filled 
for the unexpired term by the legislature if it is in session, 
and if it is not in session such vacancy shall be filled at the 
session of the legislature immediately following. 

Commissioner of Education. — The Commissioner of Edu- 
cation has executive direction over the affairs of the Education 
Department and is the general advisory and supervisory 
officer of the entire State educational system. Chapter III 
of this work is devoted exclusively to his election, powers, 
duties, etc. 

Assistant Commissioners of Education. — There are three 
assistant commissioners of education, known as the First 
Assistant, the Second Assistant, and the Third Assistant. 
These assistant commissioners are respectively in charge of 
Tiigher education, secondary education and elementary edu- 
cation. Their rank and compensation are equal and they 
exercise the functions of the Commissioner of Education in 
their respective fields under his general direction. The work 



STATE EDUCATION DEPARTMENT II 

of these assistants does not relate to the management of the 
Department but to the broad field outside of the Department. 

Chiefs of Divisions. — The Commissioner of Education classi- 
fies the administrative and clerical work of the Department into 
divisions and appoints a chief in charge of each division. Chiefs 
of divisions are directly responsible to the Commissioner of 
Education. There are ten of these divisions. 

Director of State Library. — This Division has charge of the 
State Library and the library school. The State Library wa^ 
established in 1818. It was placed under the trusteeship of 
thet various State officials. In 1844 it was placed under the 
custody of the Regents of the University, and in 1899 was made 
a part of the University. 

Director of State Museum. — The work of this division em- 
braces investigations in natural science, the economic and in- 
dustrial applications of such science, and the State Museum. 
It also embraces the work of the State geologist and paleon- 
tologist, the State botanist, State entomologist, mineralogist, 
zoologist and archeologist. 

Administration Division. — This division has general super- 
vision of the internal workings of the Department subject to 
the orders of the Commissioner of Education. It has general 
charge of the mails, express matter, documents and printing, and 
has direct supervision over the employees connected therewith, 
and such other employees of the Department as are not under 
the direction of some superior officer. It also has charge of 
all financial matters pertaining to the department. It looks 
after appropriations and sees that expenditures are made accord- 
ingly. It receives all fees, has charge of all expense accounts, 
and pays Department salaries. It is responsible for the expenses 
of normal schools, training classes, institutes, and Indian schools. 

Attendance Division. — This division has the general super- 
vision and enforcement of the compulsory education law. 

Educational Extension Division. — This division includes all 
agencies for the promotion of educational advantages for the 



12 NEW YORK SCHOOL LAW 

assistance of those unable to attend the usual teaching institu- 
tions. The means employed in the extension of this work 
embrace summer schools, vacation schools, evening schools, 
correspondence schools, lecture courses, study clubs, reading 
circles, etc. The supervision of the incorporated public libraries 
of the State is under the direction of this division. It also 
has charge of the traveling libraries. 

Examinations Division, — This division has charge of all 
examinations conducted by the Education Department. 

The propriety of holding regents' examinations was first sug- 
gested in 1828. It was not, however, until June, 1864, that 
regulations were prescribed for holding examinations in pre- 
liminary subjects. The first examination was held in June, 1865, 
and included the subjects of arithmetic, geography, grammar, 
reading, writing, and spelling. In 1878, examinations were estab- 
lished in 20 advanced academic subjects. The number of sub- 
jects has gradually increased until.it is now more than 100. 

(a) Law Examinations. — Examinations for admission to the 
bar are conducted by a State board of examiners under the 
direction of the Court of Appeals. The Department has nothing 
to do with these examinations. Law students, before entering 
upon the study of law or within one year thereafter, must offer 
certain preliminary educational qualifications prescribed by the 
Court of Appeals. The examinations by which these qualifica- 
tions are determined are under the direction of the Department. 
It is also authorized to accept the completion of certain higher 
courses of study as a substitute for these examinations. 

(&) Medical Examinations. — A certain amount of general 
education is required of all persons beginning the study of 
medicine. The University has supervision of the preliminary 
medical-student examinations, and is also the sole authority to 
issue licenses for the practice of medicine in the State. The 
examinations for candidates who desire to practice medicine are 
under the direction of boards of medical examiners appointed 
by the Regents. The members of these boards are leading phy- 



STATE EDUCATION DEPARTMENT I3 

sicians from various parts of the State. Since 1890 the authority 
to indorse diplomas or licenses of physicians from other States 
OS countries has been vested in the Department. Previous to 
this date such authority was possessed by each of the medical 
colleges of the State. 

(c) Other Professional Examinations. — This division has 
charge also of the examinations for candidates who desire licenses 
to practice dentistry, pharmacy, optometry and veterinary medi- 
cine in the State, and also to practice as public expert account- 
ants, or who desire to become registered nurses. All licenses of 
this kind are issued by the University. 

(d) Teachers' Examinations. — This division also has charge 
of all teachers' examinations held in the State. These embrace 
training school, training class, examinations held by school com- 
missioners, and for life State certificates. 

(e) Other Examinations. — This division has charge of 
competitive examinations on which State scholarships in Cornell 
University are awarded and examinations for admission to 
training classes. 

Inspections Division. — This division has charge of the in- 
spection of all educational institutions in the State, including 
universities, colleges, technical and professional schools, normal 
schools, training classes, academic institutions and all public 
schools. Fifteen inspectors are employed in this work. The 
prime object of inspection is to stimulate local interest in edu- 
cational work and thus improve all school accommodations and 
to raise the standard of educational work. 

Law Division. — This division interprets the school law and 
all other statutes related in any way to the educational work 
of the State. It has direct charge of all contested appeals and 
presents them in proper form to the Commissioner of Educa- 
tion for determination. It looks after the form and legality of 
charters issued by the Board of Regents and also the measures 
affecting educational interests which are introduced into the State 



14 NEW YORK SCHOOL LAW 

l-egislature. It looks after the interests of the Department in any 
litigation in the courts when the Department is thus involved. 

School Libraries Division. — This division has charge of all matters 
pertaining to public school libraries. 

Statistics Division.— This division looks after reports from all edu- 
cational institutions in the State and all school districts. It tabulates 
such reports and prepares general statistics on our educational sys- 
tem. It looks' after the apportionment of moneys to the public schools 
of the State and all other educational institutions entitled thereto. 

Trade Schools Division. — This division has general charge of all 
branches of industrial education including trade schools, industrial 
schools, courses in home making and in special agriculture. 

Visual Instruction Division. — This division has general charge of the 
collection of material for giving instruction by means of pictorial or 
graphic representation in geography, history, science and kindred sub- 
jects and of the distribution and loaning of such material to the com- 
munities, schools and other institutions entitled to receive the same. 

Division of History. — The office of the State Historian is a part of 
the Education Department and the duties formerly performed by that 
officer are now transacted through this Division. 

Division of Public Records. — This Division was created by the Legis- 
lature in 1911 and confers upon the Division the duty of supervising: 
all public records throughout the State. The Chief of this Division is 
required to give advice to all village, town, county and city officials 
who have public records in their charge. 

Creation or Abolishment of Divisions. — By concurrent action of the 
Regents and the Commissioner of Education the Department is divided 
into divisions. By similar action a new division may be created or an 
existing division abolished. 

Appointment of Officers of Department. — All officers of the depart- 
ment are appointed by the Commissioner of Education subject to the 
approval of the Regents. 

Removals and Suspensions. — The Commissioner of Education with 
the approval of the Regents may remove at his pleasure any officer or 
employee of the Department. 

When the Regents are not in session he may suspend during his 
pleasure without salary any officer or employee until the adjournment 
of the succeeding meeting of the Regents. 

State Education Building. — The education building is exclu- 
Bively set apart under the law for the use of the Education 



REVIEW QUESTIONS I5 

Department. The Regents and the Commissioner of Education 
are given power to assign the rooms in such building to the 
various divisions, officers and work of the Department. 

Misdemeanor Falsely Representing Education Department. 
— It is a misdemeanor for a firm, agent or other person engaged 
in selling, publishing or manufacturing books, charts, apparatus 
or any other school supplies to falsely represent to any school 
officer or teacher that he is an agent or representative of the 
Education Department, the Regents, the Commissioner of Edu- 
cation or any other school officer. 

REVIEW QUESTIONS 

Give a brief statement of the supervision exercised by the State over 
her public schools. What power has the Board of Regents over the 
Education Department? Who is the chief officer of such Department? 
How many assistant commissioners are there? State their title, rank and 
salary. What is the general duty of each? How is work of the Depart- 
ment classified? What is the duty of the director of the State library? 
When was the library established? When was it placed under the direction 
of the Regents? When was it made a part of the University? What is the 
chief work of the State museum ? State in general terms the work of the 
administration division. Attendance division. Educational extension divi- 
sion. Examination division. When were Regents examinations first sug- 
gested ? First given ? State the various purposes for which examinations are 
held. What is the chief work of the inspection division? Law division? 
School libraries division? Statistics division? Trade schools division? 
Visual instruction division? How are divisions created or abolished? 
How are the officers of the Department appointed? How may an 
officer be removed? How may an officer be suspended? Under whose 
direction may rooms of the State education building be assigned? For 
what use is such building exclusively set aside? What prohibition is there 
as to falsely representing the Education Department, etc.? What is the 
penah/?, 



CHAPTER II 

UNIVERSITY OF THE STATE OF NEW YORK 
[Article 3] 

Organization. — In 1784 the legislature created the corporate 
tody known as the " Regents of the University of the State of 
New York." In 1889 the legislature changed the name to " Uni- 
versity of the State of New York," and section 2 of article 9 
of the State Constitution of 1894 continues it under this name. 

Controlling Body. — The Regents are the controlling or gov- 
erning body of the University. 

Chief Functions. — The chief powers of the University are to 
charter and inspect educational institutions, confer degrees, de- 
termine value of credentials and standard of institutions not in 
the University, prescribe examinations for its secondary insti- 
tutions which shall be a suitable standard of graduation there- 
from and of admission to college, and to supervise entrance 
requirements to the learned professions, etc. 

Chancellor and Vice-Chancellor. — The chancellor is the pre- 
siding officer of the convocation and of all meetings of the 
Regents. He confers degrees authorized by the Regents, and 
fixes the time and place of all special meetings of the Regents. 

When the chancellor is unable to perform any or all of his 
duties, they are performed by the vice-chancellor. 

Charters Educational Institutions. — The Board of Regents 
has authority to incorporate any university, college, academy, 
library, museum, or other institution or association for the pro- 
motion of science, literature, art, history, or other department 
of knowledge under such terms as the law provides. 

The Regents may also, in their discretion, issue provisional 
charters, they may change the name of institutions which have 



UNIVERSITY OP THE STATE OP NEW YORK 1/ 

been chartered, and they may, for vaHd reasons, suspend or 
revoke any charter which has been granted. 

They may also amend the charter of any institution under 
their supervision. 

No institution of higher education can be incorporated by the 
Regents until such institution has been inspected by some officer 
of the University and approved by the Regents. The buildings, 
furniture and equipment must meet the Regents' requirements. 

Degree-Conferring Institutions. — No individual, association, 
corporation, or institution can legally confer degrees in this State 
unless express provision granting this power is given by a charter 
granted either by the State Legislature or by the Regents. No 
institution or association can transact business under, or assume 
in any way, the name of university or college without permission 
from the Regents. 

No institution can be authorized under the University law to 
confer degrees unless it has at least $500,000 resources. 

Crimes Under University Law. — Counterfeiting any creden- 
tial issued under the seal of the University or making any 
unauthorized alteration in such credential is a felony. 

Any one personating another by attempting to take an exam- 
ination in his name, or procuring a person thus falsely to per- 
sonate another, or attempting in any way to obtain a record 
of having passed a Regents' examination in violation of the 
University regulations, is guilty of a misdemeanor. A person 
who aids or abets another in such violation is likewise guilty 
of the same crime. A person who has in his possession previous 
to an examination the question papers to be used in such exam- 
ination or who sells or offers to sell a Regents' question paper 
in advance of an examination is guilty of a misdemeanor. A 
person who fraudulently issues a Regents' credential, or who 
falsely represents himself as having received a degree or cre- 
dential, or who appends without proper authorization to his 
name the letters representing any degree conferred by the Uni- 
versity, is also guilty of a misdemeanor. 



l8 NEW YORK SCHOOL LAW 

University Credentials of High School Grade. — These cre- 
dentials are the qualifying certificates, and the diplomas. Eight 
years of preacademic preparation or its equivalent is the pre- 
requisite to the preliminary professional and all equivalent cer- 
tificates. The qualifying certificates are the law student, medical 
student, dental student, optometry student, veterinary student^ 
pharmacy student, and nurse student and the qualifying certifi- 
cate for admission to the C. P. A. examination. 

Preliminary Certificates. — A preliminary certificate is issued 
to any person obtaining a standing of at least seventy-five per 
cent, in Regents' examinations in writing, reading, spelling, ele- 
mentary English, arithmetic, geography and elementary United 
States history with civics. 

Count. — The term " count " represents one year's work of 
one hour per week on one subject. A subject pursued five periods 
per week for one year represents five counts. 

Academic Diploma. — This diploma is issued on the completion 
of a four year high school course, for which all the preliminaries 
and seventy-two academic counts will be required, of which 
thirteen must be in English, eight in history and at least ten 
each in science and mathematics. 

The minimum passing mark for this diploma is sixty per cent, 
for students pursuing regular courses in the schools. For those 
taking the examinations conducted by the Department in New 
York, Albany, Syracuse and Buffalo seventy-five per cent, will 
be required in all subjects. 

Academic Diploma for High School Subjects Only. — Issued 
only when claimed by the principal. The preliminaries are not 
required. Total number of counts and number in each group 
the same as for an academic diploma. 

The minimum passing mark for this diploma is sixty per cent. 

The academic diploma and the academic diploma for high 
school subjects only will be issued as classical diplomas if they 
include English thirteen counts, Latin twenty counts, a second 



UNIVERSITY OF THE STATE OF NEW YORK 19 

'foreign language fifteen counts, history five counts, science five 
counts, mathematics ten counts, and meet the other requirements. 
College Entrance Diploma. — This diploma, which is in sub- 
stantial agreement with the entrance requirements of all the col- 
leges of the State, is designed to guide students preparing for 
college and to facilitate their admission. It will be issued only 
to such students in the schools as pass satisfactory examinations 
after giving to the study of each subject the amount of time 
required by the Regents' rules. The grades of this credential 
will be differentiated in accord with those prescribed for the 
academic diploma. On its face will be indicated the subjects 
studied and the ratings obtained in examinations. 

REQUIREMENTS FOR A COLLEGE ENTRANCE DIPLOMA 

Arts department Counts 

English 13 

Algebra 7 

Plane geometry 5 

*Latin 20 

f Second foreign language (2 years) 10 

History 5 

Electives 10 



o 



Science department Counts 

English 13 

Algebra 7 

Plane geometry 5 

JFirst foreign language (2 years) 10 

Second foreign language (2) years 10 

* Fifteen counts in Latin and five counts in a third foreign language 
•will be accepted instead of twenty counts in Latin. 
tGreek, German or French. 
JLatin, German or French. 



20 NEW YORK SCHOOL LAW 

Science department Counts 

Physics 5 

History 5 

Electives 15 



70 

'Academic Diploma in Commercial Subjects. — This diploma 
will be issued to candidates who meet the regular requirements 
for an academic diploma in English, science, mathematics and 
history and pass Department examinations with a grade of not 
less than seventy-five per cent, in the following subjects: Ad- 
vanced bookkeeping and ofiEice practice, commercial arithmetic, 
commercial law, commercial geography, commercial English and 
correspondence, and business writing. 

Music Diploma. — A diploma in music based upon the four 
year course of study adopted by the Regents will be given for 
the following counts : 

Counts 

Musical instruction (4 years) 20 

Musical practice (credit allowed on certificate of prin- 
cipal. Two hours' practice a day for a school year 

entitles to 5 counts) 15 

History (two 3 hour courses) 6 

English (4 years ) 13 

First foreign language (2 years) 10 

Electives 8 



73 

Advanced Diploma. — This diploma provides for all academic 
courses longer than the regular course covered by the academic 
diploma above. It is issued only to those who have earned 
the regular academic diploma and eighteen, thirty-six or fifty- 
four, etc., counts in addition. On its face are specified the total 



I UNIVERSITY OF THE STATE OF NEW YORK 31 

counts, its name being determined by the highest multiple of 
eighteen. 

The above diplomas will be issued on the following basis : 

1. A diploma based upon a minimum passing mark of sixty 
per cent, in each subject. 

2. A diploma, with credit, to be issued to students who 
attain a standing of seventy-five per cent or more in subjects 
aggregating forty academic counts. 

3. A diploma, with honor, to be issued to students who attain 
a standing of ninety per cent, or more in subjects aggregating 
forty academic counts. 

Qualifying Certificates are certificates giving evidence that the 
holder has such academic education as is required by law for 
admission to the study of the various professions and for ad- 
mission to certain professional and technical schools and to the 
examination for certified public accountants. These certificates 
are issued only for the purposes specified. 

A dental student certificate, a law student certificate, a medical 
student certificate, a veterinary student certificate or a qualifying 
certificate for admission to the C. P. A. examination may be 
secured in any one of the following ways : 

1. By furnishing evidence of the completion of the freshman 
year in a registered course of any college. 

2. By furnishing evidence of the satisfactory completion of 
a four year course in an approved high school (evidence of such 
work should be submitted on blanks furnished by the Depart- 
ment).* 

3. By passing the Regents examinations required for an aca- 
demic diploma. 

4. By passing Regents examinations aggregating sixty counts 
at not less than seventy-five per cent, in each subject. 

5. By evidence of one or more years of high school work 

♦Applicants for qualifying certificates presenting credentials from other 
than English-speaking countries must pass a Regents examination in 
second year English. 



22 NEW YORK SCHOOL LAW 

(each year of such work being equivalent to fifteen counts)' 
supplemented by Regents examinations at seventy-five per cent. 
in each subject sufficient to make a total of sixty counts.* 

A dental student certificate, a law student certificate or a 
medical student certificate may also be secured by passing Re- 
gents examinations at seventy-five per cent, in each subject in 
the specified lists of subjects given below. 

If this method is taken, no substitutions will be allowed: 

Medi- Den- 
Subject Law cine tistry 

English 

3 years lo lo lo 

Mathematics 

2 years (algebra and geometry) lo lo lo 

Latin 

2 years (grammar, composition and 

Caesar) . . . •. lo lo lo 

Science 

I year (physics) 5 5 5 

I year (chemistry) o 5 5 

History 

I year (American history, civics) 5 5^ 

I year (history of Great Britain and Ire- 
land, economics) 5 O O 

Other subjects 

I year (drawing and manual training) . . o o 5 



Total 45 45 45 

Law students, who filed the certificate of clerkship with the 
clerk of the Court of Appeals or who began the study of law 

* Applicants for qualifying certificates presenting credentials from other 
than English-speaking countries must pass a Regents examination ia 
second year English. 



UNIVERSITY OF THE STATE OF NEW YORK 23 

in a registered law school prior to July i, 1907, may obtain the 
law student certificate by passing Regents examinations at sev- 
enty-five per cent, in any subjects aggregating forty-five counts, 
or by passing Regents examinations at seventy-five per cent, in 
tlie following set subjects: 

First year English 

Latin first year 

Elementary algebra 

Plane geometry 

American history with civics 

History of Great Britain and Ireland (3 hour coursey 

Economics 

Arithmetic 

Law students, who filed the certificate of clerkship or who 
began the study of law in a registered law school subsequent 
to July I, 1907, and prior to June i, 1908, may obtain the law 
student certificate by passing Regents' examinations at seventy- 
five per cent, in any subjects aggregating sixty counts, or in the 
set subjects mentioned in the preceding paragraph except that 
second year English must be substituted for first year English. 

All law students who filed certificates of clerkship or who 
tegan the study of law in a registered law school prior to June 
I, 1908, must complete the requirements for the law student 
certificate not later than the end of the first year of the study 
■of law. Subsequent to June i, 1908, the law student certificate 
must be earned before beginning the study of law. 

A pharmacy student certificate or a nurse student certificate 
may be secured in one of the following ways : 

1. By submitting evidence of the satisfactory completion of 
one year of approved high school work. 

2. By passing at seventy-five per cent, in each subject Regents' 
examinations aggregating fifteen counts. 



24 NEW YORK SCHOOL LAW 

REVIEW QUESTIONS 

When were the Regents of the University of the State of New York 
organized? What change was made in the organization in 1889? In 

1894? 

What are the chief powers of the University? What officers has it? 
What are their duties? What is the authority of the University in 
relation to institutions which have been chartered? What steps are 
necessary before an institution may be chartered? What institution may 
confer degrees? What prohibition is made by law in relation to insti- 
tutions using the name college or university? Before an institution can be 
authorized under the University law to confer degrees what must its 
resources be? What act under the University law is a felony? What 
acts are misdemeanors ? 

Name the credentials issued by the University. What is a pass card? 
What is meant by the term count f What is a preliminary certificate? 
An academic diploma? What must candidates do to obtain a medical- 
student, dental student, or veterinary-student certificate? A law-student 
certificate ? 



CHAPTER III 

COMMISSIONER OF EDUCATION 

[Article 4] 

Historical Sketch. — The first State supervisory school officer 
in this State was known as " Superintendent of Common 
Schools." The office was created by the act of June 19, 181 2, 
entitled "An Act for the Establishment of Common Schools/' 
This act provided for his selection by the " Council of Appoint- 
ment." This was the first authorization of a State supervisory 
school officer by any State in this country. 

This office was abolished April 3, 1821, and its duties were 
transferred by the same act to the Secretary of State, who 
served as superintendent of common schools ex-officio until 
April 8, 1854, when the first State Superintendent of Public In- 
struction assumed the duties of his office. The act establishing 
this office was passed March 30, 1854, and is chapter 97 of the 
Laws of that year. The office was continued until April i, 
1904, when the Unification Act of that year went into effect. 
Under the provisions of that act the office of Commissioner 
of Education was created, and the first Commissioner assumed 
the duties of his office April i, 1904. It will thus be observed 
that the administration of public-school work has been in the 
hands of four State officials, as follows: From January 14, 
1813 to April 3, 1821, the superintendent of common schools; 
from April 3, 1821, to April 8, 1854, the Secretary of State, who 
was ex-oMcio superintendent of common schools; from April 8, 
1854 to April I, 1904, the State Superintendent of Public In- 
struction; and since April i, 1904, the Commissioner of Edu- 
cation. 

Mode of Election. — Under the act of 1904, the first Commis- 



26 NEW YORK SCHOOL LAW 

sioner of Education was elected by joint ballot of the senate and 
-assembly. The provisions of that act have now been incorporated 
in the Education Law and under this law any vacancy in the 
office of Commissioner of Education must be filled by appoint- 
ment by the Board of Regents. 

Term of Office. — The term of office of the first Commissioner 
of Education was six years. Since the expiration of the first 
six years, or since April i, 1910, the term of office of the Com- 
missioner of Education has not been a fixed period, but such 
commissioner now serves during the pleasure of the Board of 
Regents. 

Eligibility. — The public officers' law of this State provides 
that all State officers shall be at least twenty-one years of age, a 
citizen of the United States, and a resident of the State. The 
Education law modifies the public officers' law by providing that 
such Commissioner of Education may or may not be a resident 
of the State. 

Removal. — The Commissioner of Education may be removed 
at any time by the Board of Regents for cause. 

Salary. — The salary of the Commissioner of Education is 
$10,000 per year. It was fixed at this amount by the appropria- 
tion bill of 1910. 

Powers and Duties. — The powers and duties of the Commis- 
sioner of Education are so numerous that it is not practicable 
to consider them, except in a general way. For the specific 
duties of the commissioner in relation to any branch of work 
the chapter on such work should be consulted. The duties of 
the commissioner are executive and judicial. His more important 
powers and duties are as follows : 

Chief Executive Officer. — He is the chief executive officer of 
the State system of education and is required to enforce all the 
general and special laws relating to the educational system of 
the State and to execute all educational policies determined upon 
by the Board of Regents. 



COMMISSIONER OF EDUCATION 27 

General Supervision. — He has general supervision over all the 
public schools, normal schools, industrial education, teachers' 
institutes, and teachers' training classes in the State. 

Indian Education. — He is charged with the duty of providing 
for the education of the Indian children in the State, and is 
■directed to apportion an equitable amount of public money to 
Indian schools. 

Deaf and Dumb and Blind Institutions. — He also has super- 
vision over all institutions in the State for the instruction of 
the deaf and dumb and blind, and is required to report annually 
to the State legislature in relation thereto. He also appoints 
State pupils qualified under the law to all these institutions 
excepting the Institution for the Blind in Batavia. 

Trustee, etc. — 'He is ex-officio a trustee of Cornell University, 
and upon the results of competitive examinations appoints an- 
nually 150 State scholars to that institution, who are entitled 
to free tuition. 

Visual Instruction. — He is authorized to collect material and 
make all necessary arrangements and contracts to provide in- 
struction by means of pictorial or graphic representation in 
geography, history, science or kindred subjects. This instruction 
may be given in the schools, institutions and organizations under 
the supervision of the Regents. This material may also be 
loaned to artisans, mechanics and other citizens of the several 
communities of the State. 

Inspection of Schools. — He shall cause all schools and insti- 
tutions under the statutes relating to education to be examined 
and inspected and to advise and guide all school officers in 
relation to their duties and the management of such institutions. 
A stafif of inspectors is employed for this purpose. 

Annual Reports. — He is to prepare an annual report which 
must be submitted over the signatures of the chancellor of the 
University and the Commissioner of Education to the State 
legislature showing the condition of the common schools in the 
State and of all other schools and institutions under their super- 



28 NEW YORK SCHOOL LAW 

vision and subject to their visitation, and to include in such 
report those recommendations upon school work, which in their 
opinion, will promote the advancement of public education. 

Supervision of Examination and Certification of Teachers. — 
He is to prescribe the regulations under which commissioners 
may issue teachers' certificates ; to issue life State certificates to 
those who have passed the examination required by law ; to issue 
college graduates' certificates to those who meet the require- 
ments for such certificates; to issue such other certificates as 
the rules require ; to endorse under such regulations as he may 
adopt State certificates and normal-school diplomas issued in 
other States ; and to issue temporary licenses for a period not 
to exceed one year for any school commissioner district or city 
or any school district in the State. 

Revocation of Certificates. — For sufficient cause, he may re- 
voke any State normal-school diploma, State certificate, college- 
graduates' certificate, school commissioners' certificate or other 
certificate issued in this State. He may also revoke his indorse- 
ment of any normal-school diploma or State certificate issued in 
another State. 

Prepare List of Normal Graduates. — He is required under law 
to keep in his office an alphabetical list of all persons who receive 
normal-school diplomas from the normal schools of the State. 

Remove School Officers. — He may, for valid reasons, remove 
from office any district superintendent, trustee, or other school 
officer. He may also withhold the salary of a district superin- 
tendent and may remit it at his pleasure. 

Administer Affidavits. — He may take affidavits and administer 
oaths in any matter relative to school affairs. 

Prepare Registers, Blanks, etc. — He is charged with the duty 
of preparing such registers, blanks, forms, regulations, etc., as 
may be needed in transacting all business relating to the public- 
school system. 

Enforcement of Compulsory Education Lazv. — He is also 



COMMISSIONER OP EDUCATION 29 

charged with the duty of enforcing the provisions of the com- 
pulsory education law. 

Arbor Day. — He has authority to provide for the proper ob- 
servance of Arbor Day and Flag Day by the public schools of 
the State. 

Apportionment of School Moneys. — He must apportion as 
directed by law the State school moneys, and may withhold for 
just cause part or all of the money due any school district in 
the State. 

Decide Appeals. — He must hear and decide all cases of appeal, 
when properly brought before him by aggrieved parties, from 
the action of school officers or school meetings. 

Issue Stays, Orders, etc. — He may, upon application in due 
form, issue an order restraining school officers from performing 
any of the duties conferred upon them. He may also issue 
orders directing school officers to perform any of their duties 
which they may have refused to perform. 

School Libraries. — He has general supervision of all the school 
district libraries in the State, and approves the books which are 
purchased with public money to be placed in such libraries. He 
also apportions library money to school districts as directed 
by law and prescribes regulations under which the books of 
school libraries may be loaned. 

Hold Property in Trust. — He may hold in trust for the benefit 
of the common schools of the State, or for the schools of any 
portion of the State, real or personal estate which may be 
granted in any manner for such purpose. He also has super- 
vision of any trust fund held by trustees for school purposes, 
and must require them to report regarding its condition and 
income at such times and in such form as he deems advisable. 
(Article 19.) 

Normal Schools. — He appoints local boards of normal schools, 
appoints pupils to such schools and determines the requirements 
for admission. He determines the number of teachers to be 



3© NEW YORK SCHOOL LAW 

employed in such schools, and approves their appointment and 
the amount of their salary. 

May Appoint Teachers and Open Schools in a City or School 
District. — When the local authorities of any city or school dis- 
trict neglect or refuse to appoint teachers, janitors, etc, and also 
neglect or refuse to open the schools of a city or school district 
the State Commissioner of Education may appoint such teachers, 
janitors, etc., and open and manage such schools. October 4, 
1897, State Superintendent Skinner exercised this power in 
the city of Watervliet and his action was sustained by the 
supreme court. (For a full discussion of this power see pages 
118-125, vol. I, Annual Report of State Superintendent of Public 
Instruction for 1897.) 

Regulations. — The Commissioner of Education may prescribe 
any reasonable regulations for the government of the common 
schools which do not conflict with the laws and policy of the 
State. (184 N. Y. 421.) 

REVIEW QUESTIONS 

What was the title of the office of the first State supervisory school 
officer? When was the office created? How was such officer chosen? 
When was the office abolished? To whom were the duties of the office 
then transferred? For what period did such officer act in this capacity? 
When did the first State Superintendent of PubHc Instruction assume 
the duties of his office? When was the office of Commissioner of 
Education created? How was the first Commissioner chosen? How are 
vacancies to be filled? What is the term of office? Who are eligible 
to the office? How may he be removed? What is the salary? What is 
the two- fold character of the duties of the State Commissioner? What 
are his general duties? What is his duty in relation to Indian schools? 
Deaf and dumb and blind institutions? Cornell University? Visual 
instruction f Inspection of schools, etc. ? Annual reports ? Examination 
and licensing of teachers? Revoking certificates? Lists of normal school 
graduates? Removing school officers? Administering affidavits? Pre- 
paring registers, blanks, etc.? Enforcing the compulsory education law? 
Arbor day? Apportionment of school moneys? Appeals, stays, orders, 
etc.? School libraries? Holding property in trust? Normal school 
boards? Under what conditions may State Commissioner appoint teach- 
ers, etc. 



CHAPTER IV 

RURAL SCHOOL SUPERVISION 
[Article 14] 

Historical Development. — The act of 1795 creating the school 
system of the State provided that the electors of each town 
should elect at their annual town meetings, from three to seven 
commissioners of schools. These officers had supervision of 
the schools under their jurisdiction, and the distribution of State 
money appropriated for the support of schools. During the 
first year after the passage of this act, the supervisor, the town 
clerk, and the assessors of each town performed the duties of 
commissioners of schools. These commissioners received no 
compensation for their services. 

In 1812 the number of town commissioners was fixed at three 
for each town by the State legislature. These officers were ta 
be chosen as before by the people at annual town meetings, and 
were to receive a salary fixed by the people at the annual town 
meetings. To them w-ere given the superintendence and man- 
agement of schools, and they were authorized to divide the towns 
into school districts. The same act provided that the people 
should select at the annual town meeting, a number of persons, 
not to exceed six, who, with the commissioners, should be in- 
spectors, and these inspectors were required to inspect schools 
and to examine and license teachers. This plan continued until 
1 84 1, when the number of town inspectors was fixed at two. 

In 1841 the office of Deputy Superintendent of Common 
Schools was created by the State legislature. Each county was 
entitled to one deputy, and counties having more than 200 schools 
were entitled to two deputies. These officers were appointed by 
boards of supervisors for their respective counties, and the term 



32 NEW YORK SCHOOL LAW 

of office was two years. Their duties were to visit and inspect 
the schools under their jurisdiction, and to examine and license 
the teachers employed therein. 

In 1843 the title of these officers was changed to County Super- 
intendent of Common Schools, and increased powers were given 
them. The right to hear appeals was given to county super- 
intendents in that year, and all appeals were brought before these 
officers for determination before they could be taken to the State 
Superintendent of Common Schools. These officials were en- 
titled to two dollars per day for each day necessarily devoted 
to their work, but they could not receive an amount to exceed 
five hundred dollars per year. In 1847 the State legislature 
abolished this office. 

In 1843 the offices of town commissioners and town inspectors 
were abolished by the State legislature, and a new officer known 
as the Town Superintendent of Common Schools was created. 
These superintendents were elected by the people at the annual 
town meetings. Their term of office was one year, and they 
received a salary of one dollar and twenty-five cents per day 
for actual time necessarily devoted to their work. To these 
officers were given the general supervision of schools, and the 
other duties which had been exercised by town commissioners 
and inspectors. Upon the abolishment of county superintendents 
in 1847, the duties of town superintendents were largely in- 
creased, and the duties of these officers from that year until 
1856 were quite similar to the duties conferred upon school 
•commissioners. Upon the creation of the office of school com- 
missioner in 1856, by chapter 179 of the laws of that year, 
the office of town superintendent was abolished. 

The office of school commissioner was abolished by chapter 
607 of the laws of 1910 and the office of district superintendent 
of schools created. School commissioners are to serve out their 
terms which expire January i, 1912, and the terms of district 
superintendents will then begin. Since the office of school com- 



RURAL SCHOOL SUPERVISION 33 

missioner is continued so short a time the provisions of the new 
law are treated in this chapter. 

SUPERVISORY DISTRICTS 

Territory Embraced — Number of, — All territory of the State 
outside of cities and school districts of five thousand population 
or more which employ a superintendent of schools must be 
divided into supervisory districts. The law establishes 207 of 
these districts and apportions them among the counties of the 
State as follows: 

a. Hamilton, Putnam, Rockland, Schenectady, each one; 

b. Chemung, Fulton, Genesee, Montgomery, Nassau, Schuyler, 
Seneca, Yates, each two ; 

c. Albany, Clinton, Columbia, Cortland, Essex, Greene, Liv- 
ingston, Niagara, Orange, Orleans, Rensselaer, Schoharie, Suf- 
folk, Sullivan, Tioga, Tompkins, Warren, Wyoming, each three; 

d. Broon:e, Dutchess, Franklin, Herkimer, Lewis, Madison, 
Monroe, Ontario, Saratoga, Ulster, Washington, Wayne, West- 
chester, each four; 

e. Allegany, Cattaraugus, Cayuga, Chenango, Erie, Onondaga, 
Oswego, each five ; 

f. Chautauqua, Delaware, Jefferson, Otsego, each six; 

g. Oneida, Steuben, each seven; 
h. Saint Lawrence, eight districts. 

How Organized. — In a county entitled to two or more super- 
visory districts the school commissioner of each school com- 
missioner district and the supervisor of each town in such 
county are required to meet at the county seat on the third 
Tuesday in April, 1911, at 10 o'clock in the forenoon and divide 
such county into the number of supervisory districts to which 
it is entitled under the law. In the formation of such districts 
no town shall be divided. The law directs that the territory 
of such districts shall be compact and contiguous and formed as 



34 NEW YORK SCHOOL LAW 

nearly as possible on the basis of an equal division of the ter- 
ritory and the number of school districts. 

Call and Organization of Meeting. — The county clerk of each 
county entitled to two or more supervisory districts is required 
to give ten days notice in writing to each supervisor and school 
commissioner of such meeting. The county clerk shall also 
call the meeting to order at the proper hour. The school com- 
missioners and supervisors present should then elect from their 
number a chairman and a clerk. 

Record of Proceedings. — The clerk of such meeting shall 
deposit with the county clerk a copy of the proceedings of such 
meeting. Such copy must be certified by the chairman and the 
clerk. The county clerk should immediately upon receipt of 
such proceedings file a certified copy thereof with the Commis- 
sioner of Education. 

SCHOOL DIRECTORS 

Number of. — There shall be two school directors for each 
town. 

When and How Chosen. — Two school directors shall be 
chosen in each town at the general election in 1910. In 1912, 
and every fifth year thereafter, and in 191 5 and every fifth year 
thereafter, one school director shall be elected in each town. 
These directors must be chosen at the general election irrespec- 
tive of the time when town meetings are held. The law provides 
that such directors shall be nominated and elected in the same 
manner as town officers chosen at a town meeting held at the 
time of a general election. The provisions of the election law 
relating to the nomination and election of town officers chosen 
at a town meeting held at the time of the general election applies 
to the election of these directors. 

Filing Certificates of Nomination. — Under the election law 
the certificates of nomination of school directors must be filed 
in duplicate. One certificate should be filed with the town clerk 



RURAL SCHOOL SUPERVISION 3$ 

and one with the county clerk in all counties except Erie cind 
in that county with the commissioner of election. 

Notice of Election. — The notice of the election of school direc- 
tors must be given by the county clerk and not by the Secre- 
tary of State. The Attorney-General has held that school direc- 
tors are town officers, to be voted for at a general election, and 
that the county clerk must give the notice of election under 
authority of section 293 of the Election law. 

Ballots. — The Election law makes different provisions for the 
printing of ballots for town officers elected at a general election 
in even numbered years and in odd numbered years. The names 
of school directors must therefore be printed as follows : 

1. The names of candidates for school directors who are to 
be elected in an even numbered year in towns holding their town 
meetings at the time of the general election should be printed 
with other town officers to be voted for and upon a separate 
ballot. In such towns the ballot containing the names of candi- 
dates for town officers, including school directors, should be 
separate from the ballot containing the names of candidates 
for county and state officers. In the election of directors in 
1910 and in 1912, in towns which hold their town meetings at 
the time of the general election, there must be a separate ballot. 

2. In towns which hold their town meetings at a time other 
than the time of the general election, the names of school direc- 
tors must also be printed upon a separate ballot. 

3. When school directors are to be elected in an odd numbered 
year, there should be but one ballot and the names of such 
directors should be printed on the same ballot as the names of 
candidates for other officers voted for in such town at the gen- 
eral election of that year. This rule applies to the election 
of school directors in 191 5 and 1917. 

When separate ballots are required, the town clerk must pro- 
vide them. 

An important question arises as to whether women may vote 
for a school director. A district superintendent is an officer 



36 NEW YORK SCHOOL LAW 

chosen at a general election in this State, and the State Con- 
stitution provides that the right of suffrage at these elections 
shall be restricted to male citizens. The town law also provides 
that town officers shall be chosen by the electors of the town. 
A school director is a town officer and the electors of a town 
are also restricted to male citizens. The Court of Appeals of this 
State decided that a law to give women the right to vote for 
the office of school commissioner was unconstitutional. 

In 1892 the State legislature enacted a law extending the right 
of suffrage to women in the election of school commissioners. 
This act provided that persons entitled to vote for school com- 
missioners should be registered as provided by law, in the same 
manner as those who were entitled to vote for county officers. 

A test case on the constitutionality of this law arose in Onon- 
daga county. Acting under the authority of this law, Mrs. 
Matilda J. Gage registered in the third election district in the 
town of Manlius, October 23, 1893. The board of inspectors 
were requested to remove her name from the registry, but refused 
to do so. An application was then made to a justice of the 
Supreme Court for an order to strike her name from the registry 
on the sole ground that she was not a qualified voter by reason 
of her sex. The application was granted upon the ground that 
the law conferring upon women the right to vote for school 
commissioners was unconstitutional. The inspectors obeyed the 
order of the court, and the name of Mrs. Gage was stricken from 
the registry. An appeal was then taken by Mrs. Gage to the 
General Term of the Fourth Judicial Department, which affirmed 
the action of the lower court in issuing such order. An appeal 
was then taken by Mrs. Gage from the action of the General 
Term to the Court of Appeals, and on January 16, 1894, the 
Court of Appeals affirmed the action of the lower courts. The 
opinion of this court was written by Justice Finch and con- 
curred in by all members of the court. The ground on which 
the court based its decision was that section i, article 2 of the 
State Constitution provides that none but male cithens are en- 



RURAL SCHOOL SUPERVISION 37 

titled to vote for constitutional officers elected by the people; 
that the office of school commissioner is a constitutional office, 
and that the law in question conferring upon women the right 
to vote for school commissioner was a direct contravention of 
the State Constitution. This decision undoubtedly applies to 
school directors. (141 N. Y. 112.) 

Term of Office. — One director chosen in 1910 shall serve until 
January i, 1913, and the other until January i, 1916. All direc- 
tors chosen in 1912 and thereafter shall serve for a period of 
five years from January i following their election. 

Oath of Office. — All persons elected or appointed to this office 
are required to take the oath of office prescribed by the State 
Constitution before entering upon the discharge of the duties 
of the office and not later than thirty days after their election. 
This oath may be taken before a justice of the peace or a 
notary public, and it must be filed in the office of the town clerk 
of the town. 

Vacancies. — This office may be vacated ( i ) by filing a written 
resignation with the town clerk; (2) by removing from the 
town ; (3) by death. If a town fails to elect a director a vacancy 
shall be deemed to exist. 

Filling Vacancy. — A vacancy in the office of school director 
shall be filled by the town board of the town in which such 
vacancy exists. 

Salary. — Each director shall receive two dollars per day and 
his necessary traveling expenses. The town board is required 
to audit the same. 

DISTRICT SUPERINTENDENT 

How Chosen. — A district superintendent is chosen by the 
school directors of the towns comprising a supervisory district. 
These directors meet as a board and each director is entitled 
to one vote. The election shall be by ballot and the person 
receiving a majority of all votes cast shall be elected. 



38 NEW YORK SCHOOL LAW \ 

Meeting of Directors. — i. The first meeting of directors shall 
be held at 11 o'clock on the third Tuesday in May following 
their election. It shall be held at a place in the district desig- 
nated by the county clerk at least ten days previous to the date 
of such meeting. The county clerk is also required to send 
each director a ten days' notice of the time and place of such 
meeting. The directors present at such meeting shall organize 
by electing from their number a chairman, a clerk and two 
inspectors of election. Such directors should also designate a 
place for holding future meetings. 

2. The board of school directors shall meet at 11 o'clock in 
the forenoon on the third Tuesday in August, 191 1, and on the 
third Tuesday in June, every fifth year thereafter to elect a 
district superintendent of schools. The clerk of the board should 
give each director ten days' notice in writing of the hour, date 
and place of meeting. 

Proceedings of Meeting. — Within three days after the close 
of a meeting of a board of directors the clerk of such board 
shall file with the county clerk a copy of the proceedings of 
such meeting certified by himself and the chairman. 

Certificate of Election. — The county clerk on receiving official 
notice of the election of a district superintendent of schools 
should deliver to the person elected a certificate of election 
attested by his signature with the seal of the county. The count)' 
clerk should also transmit to the Commissioner of Education 
a duplicate of such certificate. 

Failure to Elect a District Superintendent. — If a board of 
directors fail to elect a district superintendent before the first 
day of January following the date of such meeting, the county 
judge shall appoint a superintendent who shall serve until the 
board does elect a superintendent. 

Vacancies. — The office of district superintendent of schools 
shall be vacant upon : 

1. The death of an incumbent. 

2. His removal from office by the Commissioner of Education. 



RURAL SCHOOL SUPERVISION 39 

3. His removal from the county. 

4. His filing in the office of the clerk of the county his written 
resignation. 

5. His acceptance of the office of supervisor, town clerk or 
trustee of a school district. 

6. His failure to take and file the oath of office as provided 
in this article. 

Filling Vacancy. — A vacancy in the office of district super- 
intendent shall be filled for the remainder of the unexpired term 
iDy the board of school directors. Upon direction of the Com- 
missioner of Education the clerk of the board of school directors 
must call a meeting of such board to fill such vacancy. All 
■provisions of law in relation to the election of a district super- 
intendent for a full term including notices, filing proceedings, 
etc., apply to the election of a superintendent to fill a vacancy. 

Term of Office. — The term of office of district superintend- 
ents elected in 1911 shall begin January i, 1912 and terminate 
August I, 1916. Those elected in 1916, and thereafter shall 
-serve for five years and their terms of office shall begin on the 
first day of August following their election. The object of this 
arrangement is to have the term of a district superintendent 
begin at the beginning of a school year and terminate at the 
close of a school year. 

A district superintendent unless removed holds office until 
his successor is elected and qualifies. 

Qualifications of District Superintendents. — i. To be eligible 
to election to the office of district superintendent of schools a 
person must be at least twenty-one years of age, a citizen of 
the United States and a resident of the State, but he need not 
be a resident of the supervisory district for which he is elected 
at the time of his election. Such superintendent must, however, 
Thecoma a resident of the county containing the district for which 
he has been elected on or before the date on which his term 
of office begins. Failure to acquire such residence will be deemed 



40 NEW YORK SCHOOL LAW 

f 

a removal from the county. No person shall be ineligible on 
account of sex. 

2. In addition thereto he must possess or be entitled to receive 
a certificate authorizing him to teach in any of the public schools 
of the State without further examination and he shall also pass 
an examination prescribed by the Commissioner of Education 
on the supervision of courses of study in agriculture and teach- 
ing the same. The holder of a normal school diploma issued 
by one of the State normal schools of this State, a diploma 
issued by the New York State Normal College, a college gradu- 
ate certificate, or a life State certificate satisfies the requirement 
of the law in relation to a teachers' certificate. 

3. A district superintendent who is removed from ofiice shall 
not be eligible to election to such ofiice in any supervisory dis- 
trict for a period of five years. 

Not to be interested in certain business or to accept rewards^ 
et cetera. — A district superintendent of schools shall not : 

1. Be directly or indirectly interested otherwise than as author 
in the sale, publication, or manufacture of school books, maps, 
charts, or school apparatus or in the sale or manufacture of 
school furniture or any other school or library supplies. 

2. Be directly or indirectly interested in any contract made 
by the trustees of a school district. 

3. Be directly or indirectly interested in any agency or bureau 
maintained to obtain or aid in obtaining positions for teachers 
or superintendents. 

4. Directly or indirectly receive any emolument, gift, pay, 
reward or promise of pay or reward for recommending or pro- 
curing the sale, use or adoption or aiding in procuring the sale, 
use or adoption of any book, map, chart, school apparatus or 
furniture or other supplies for any school or library or for 
recommending a teacher or aiding a teacher in obtaining an 
appointment to teach. 

Not to engage in other business. — ^^A district superintendent 
of schools shall devote his whole time to the performance of 



RURAL SCHOOL SUPERVISION 4r 

the duties of his office and shall not engage in any other occu- 
pation or profession. Such time as shall not necessarily be 
devoted by a district superintendent of schools to the perform- 
ance of the clerical and administrative work of his office shall 
be devoted to the visitation and inspection of the schools main- 
tained in his supervisory district. A district superintendent must 
under this requirement of the law devote his time to the super- 
vision of his schools as exclusively as a superintendent of a 
city or to the same extent that a teacher devotes her time to 
her school. 

Removal of District Superintendent From Office, — The 
Commissioner of Education may, by an order under the seal of 
the Education Department, remove a district superintendent of 
schools from office whenever he is satisfied that such superin- 
tendent : 

1. Has been guilty of immoral conduct; 

2. Is incompetent to perform any official duty ; or 

3. Has persistently neglected or wilfully refused to perform 
any lawful duty imposed upon him. 

Must Take Oath of Office. — A district superintendent of 
schools before entering upon the discharge of the duties of his 
office, and not later than five days after the date on which his 
term of office is to commence, shall take the oath of office pre- 
scribed by the constitution. Such oath may be taken before a 
county clerk, a justice of the peace, or a notary public and must 
be filed in the office of the clerk of the county. 

Salary. — i. Each district superintendent shall receive an annual 
salary from the State of twelve hundred dollars, payable monthly 
by the Commissioner of Education from moneys appropriated 
therefor. 

2. The supervisors of the towns composing any supervisory 
district may by adopting a resolution by a majority vote increase 
the salary to be paid by such district to its district superintendent. 
Such supervisors must thereupon file with the clerk of the 



42 NEW YORK SCHOOL LAW 

board of supervisors a certificate showing the amount of such 
increase. The board of supervisors of each county shall levy 
such amount annually by tax on the towns composing such super- 
visory district within the county. 

Expenses. — The Commissioner of Education shall quarterly 
audit and allow the actual sworn expense incurred by each dis- 
trict superintendent of schools in the performance of his official 
-duties, but the amount of such expense allowed shall not exceed 
in any year three hundred dollars. Such expenses shall be paid 
by the Commissioner of Education from moneys appropriated 
therefor. 

Salary May be Withheld. — The Commissioner of Education 
may, whenever he is satisfied that a district superintendent of 
schools has persistently neglected to perform an official duty^ 
withhold payment of the whole or any part of such superiu.- 
tendent's salary as it shall become due and he may also with- 
hold any sum to which such superintendent shall be entitled 
for expenses and the amount thus withheld shall be forfeited ; 
hut said commissioner may in his discretion remit such forfeiture 
in whole or in part. 

Performing Duties of Another District Superintendent. — A 
•district superintendent, when requested in writing by a superin- 
tendent of an adjoining district, may perform any of the official 
■duties of the superintendent of such adjoining district. Upon an 
order from the Commissioner of Education, he must perform 
such duties. 

Powers and Duties. — A district superintendent is the super- 
visory school officer for his district. (For the specific duties 
of a superintendent in relation to any branch of school work, 
consult the chapter on such subject.) The more important 
powers and duties of this officer are as follows : 

Supervision. — One of the most important duties of a super- 
intendent is that of supervision. He is required by law to visit 
and examine all the schools and school districts in his juris- 
•diction. It is his duty to advise teachers in relation to their 



RURAL SCHOOL SUPERVISION 43 

methods of teaching and the management and discipline of 
their schools. He is charged with recommending to teachers 
and trustees courses of study and such changes in the general 
jnanagement of schools as will best promote educational interests. 
He should see that the grounds and outbuildings are in proper 
condition, and that the school is equipped as required by law to 
perform the best work possible. 

Establish District Boundaries. — When the records of school 
■districts are defective and not properly filed in the offices of 
town clerks, or when the boundaries of school districts are 
indefinite or in dispute, it is the duty of the district superin- 
tendent having jurisdiction, to establish such boundaries and 
to see that proper records thereof are filed in the town clerk's 
office. In order to do this, a superintendent may employ sur- 
veyors to establish lines, prepare maps, etc, and any expense 
necessary for this purpose is a charge upon the district or dis- 
tricts affected. 

May Order Repairs. — When, in the opinion of a district super- 
intendent, it is necessary for the health or comfort of pupils 
to make repairs or alterations on a school-house or outbuildings, 
he may direct the trustees of the district to make such repairs 
or alterations at an expense not to exceed $200. The district, 
however, may vote an additional amount. 

May Order Furniture Supplied. — When, in the opinion of a 
superintendent, the furniture in a schoolroom is unfit for use and 
not worth repairing, or when the supply is insufficient, he may 
direct the trustees of such district to provide new furniture at 
an expense not to exceed $100. 

Order Nuisance Abated. — A superintendent may also direct 
the trustees of any school district to abate any nuisance in or 
upon the premises of their district. 

May Condemn School Building. — 'A superintendent has the 
authority, when in his opinion a schoolhouse is unfit for use 
and not worth repairing, to issue an order to the trustees con- 
demning such school building, and to direct in such order the 



44 NEW YORK SCHOOL LAW 

amount necessary, in his judgment, to erect a building suitable 
for the needs of the district. Previous to 1897 a school com- 
missioner could not exceed $800 in his estimate of the amount 
necessary for the erection of a building. The legislature of 
that year amended the law by removing this limit and leaving 
the amount to the discretion of the commissioner. A district 
superintendent has the same discretion. 

Examine and License Teachers. — It is the duty of district 
superintendents to conduct examinations for teachers' certifi- 
cates, under such rules and regulations as shall be prescribed 
by the Commissioner of Education, and to license those who 
are found to be qualified under such regulations. 

Revocation of Certificates. — A district superintendent may 
annul any teacher's certificate, normal school diploma, State 
certificate, or college-graduate's certificate, for immoral conduct 
on the part of the holder of such certificate. Since the passage 
of the Consolidated School Law of 1894 a school commissioner 
has not had authority to revoke a certificate upon any other 
ground than that of immoral conduct and this restriction applies 
to a district superintendent. 

Administer Oaths, Etc. — A district superintendent may admin- 
ister oaths or take affidavits in all matters relating to school 
work, but without charge or fee. 

Take Testimony in Appeals. — When directed by the Commis- 
sioner of Education, a district superintendent must take and 
report to him testimony in any appeal case. A superintendent 
has the authority to issue subpoenas and compel the attendance 
of witnesses. A failure to obey such subpoena subjects the 
offender to a fine of $25. 

Reports. — A district superintendent is required by law to ob- 
tain reports from the trustees of all school districts within his 
jurisdiction and to file an abstract of such reports annually with 
the Commissioner of Education. He is also required to submit 
reports from time to time to the Commissioner of Education, 
giving such information relative to the schools in his district 



RURAL SCHOOL SUPERVISION 45 

and such suggestions upon the educational work of the State as 
the Commissioner shall request. 

Subject to Regulations of Commissioner of Education. — A 
district superintendent is subject to such rules and regulations 
as the Commissioner of Education shall from time to time 
adopt. Appeals from a district superintendent's acts and de- 
cisions may be taken to the Commissioner of Education. 

Call School Meetings. — A district superintendent may, in cer- 
tain cases, call annual and special school meetings, and must 
call the first school meeting in a new school district. (See chap- 
ter on school meetings.) 

Rooms for Examinations. — A district superintendent can re- 
quire the trustees or boards of education of any school district 
to furnish him with a suitable room or rooms in school build- 
ings for the purpose of holding any examination appointed under 
the direction of the Commissioner of Education. 

Divide Territory into School Districts. — It is the duty of dis- 
trict superintendents to make such division of the territory 
of their respective districts as they think will serve the best 
interests of the school system. They have the authority, also, 
to alter or dissolve school districts as provided by law. 

May Appoint Trustee. — A district superintendent may fill a 
vacancy in the office of trustee by appointment, when such 
vacancy has existed for one month or more and the school 
district has failed to fill such vacancy by election at a district 
meeting. 

Recommend Appointment of Normal School Pupils. — He has 
the power to recommend to the Commissioner of Education for 
appointment as pupils in the State normal schools such persons 
as are qualified and as, in his judgment, would become successful 
teachers by receiving a normal school training. 

Apportion School Money. — 'He is required to apportion the 
State school moneys to the various school districts under his 
supervision as directed by law. 

Assemble Teachers. — To assemble all the teachers of his dis- 



46 NEW YORK SCHOOL LAW 

trict by towns, or otherwise, on days other than legal holidays, 
when schools are not in session for conference on the course 
of study, counsel and advise on discipline and school manage- 
ment and for the discussion of school problems for the promo- 
tion of the educational interests of the districts. 

Meetings of School Officers. — To hold meetings of trustees 
and other school officers to advise and counsel them in relation 
to their duties and particularly in relation to the repair, con- 
struction, heating, ventilating and lighting of schoolhouses and 
improving and adorning the school grounds. To advise trustees 
in relation to the employment of teachers, the adoption of text- 
books and the purchase of library books, school apparatus, furni- 
ture and supplies. 

Inspect Training Classes. — To inspect the work done in a 
training class maintained in his district and to report to the 
Commissioner of Education on the efficiency of the instruction 
given and observation and practice work of the members of 
such class. 

REVIEW QUESTIONS 

What provision did the act of 1795 contain relative to the election 
of commissioners? What were the duties of these officers? Who per- 
formed the duties of these officers during the first year after the passage 
of this act? What compensation did commissioners receive? What 
change did the act of 1812 make in relation to the number of these com- 
missioners? What compensation was provided? How fixed? What 
new office did this act of 1812 create? What was the duty of these 
inspectors? What change was made in the number of inspectors in 
1841 ? When was the office of deputy superintendent of common schools 
created? How many deputies did each county have? How were they 
appointed? What were their duties? What change was made in the 
title of this office in 1843? What provision was made by the act of 
1843 in relation to appeals? What compensation was paid these officers? 
When was this office abolished. 

When was the offices of commissioners and inspectors abolished? What 
new offices were created in this year? How were these officials chosen? 
For what period? What salary was paid them? What were their auties? 
Describe their duties between 1847 and 1856? When were these offices 
abolished? Why? Have women a legal right to vote for school direc- 
tors? Why not? Give history of law of 1892 and a test case which 



REVIEW QUESTIONS 47 

arose under such law? What is the term of office of school directors? 
How may the office be vacated ? How may such vacancy be filled ? What 
salary does a director receive? What territory is divided into super- 
visory districts? How many districts are authorized? How are they 
distributed? How organized? When? How is meeting called for 
such purpose? What disposition is made of the proceedings of such 
meetings? How many school directors in each town? How chosen? 
When? How nominated? How are nomination certificates filed? Who 
gives notices of election? State the two cases when the ballot containing 
the names of school directors must be a separate ballot from that con- 
taining names of candidates for state and county officers. When printed 
on same ballot? 

How is a district superintendent chosen? How many votes is each 
director entitled to? When is the first meeting of such directors? Who 
calls such meeting? How is a board organized? When does such board 
meet to elect a district superintendent? What notice of the meeting is 
required? What becomes of the proceedings of such meetings? Who 
issues a certificate of election? If a board fails to elect a superintendent, 
how is such officer chosen? Mention six ways in which the office of 
district superintendent may be vacated? How is a vacancy in such office 
filled? What is the term of the first superintendents chosen? What 
the term thereafter? What is the object of this arrangement? What 
qualifications arc specified for this office? How does removal from such 
office af?ect the qualifications of the officer removed? 

What prohibitions does the law prescribe as to the business interests 
of a district superintendent? What is the requirement of the law in 
relation to the work a superintendent may engage in? Who may remove 
a district superintendent? State three grounds for removal. When must 
a superintendent take the oath of office? Who may administer it? What 
salary is paid a superintendent? Why pays this salary? How may the 
salary be increased? What provision is made to meet the expenses of 
a district superintendent? Who may withhold a superintendent's salary? 
For what reasons? 

Who may remove a superintendent from office? Upon what ground? 
When may a superintendent perform official duties for the superintendent 
of an adjoining district? When must a superintendent perform such 
duties? What are the duties of a superintendent in relation to super- 
vision? In establishing boundaries? Whom may he employ for this 
purpose? To whom is such expense chargeable? When may a superin- 
tendent order repairs on building? To what amount? When may he 
order furniture purchased? To what amount? When may he order 
nuisances abated ? When may he condemn a school-house ? What amount 
may he direct to be expended to erect a building in the place of the 
one condemned? What change was made by the legislature of 1897 in 



48 NEW YORK SCHOOL LAW 

relation to the amount a commissioner could direct to be expended? 
What discretion has a superintendent? 

What is his duty in relation to examination and licensing of teachers? 
What certificates may a superintendent revoke? Upon what ground? 
May he revoke a certificate upon any other ground? What oaths or aflfi- 
davits may he administer? Is he entitled to fees for such service? When 
Tnay he take testimony in appeal cases before the State department? 
What special authority has he in such cases? What reports is he required 
to obtain? What reports must he make? To what regulations is he 
subject? To whom may appeals from his acts and decisions be taken? 
What school meetings may he sometimes call? What accommodations 
can he require for examinations? What power has he to divide the 
territory of his district? When may be appoint a trustee? What are 
his duties in relation to normal school pupils? State moneys? When 
may he assemble the teachers of his district? The school officers? What 
is his duty in relation to training classes? 



CHAPTER V 

DUTIES OF SUPERVISORS, TOWN CLERKS, COUNTY TREASURERS, DIS- 
TRICT ATTORNEYS, AND COUNTY JUDGES, IN RELATION TO 
SCHOOL MATTERS. 

SUPERs^ISORS 

[Article 13] 

Trustees of Gospel and School Lands. — Supervisors are made 
the trustees of gospel and school lands. 

Annual Return of School Money. — Each supervisor must 
make a return in writing on the first Tuesday of February in 
each year to the county treasurer, showing the amount of money 
in his hands for teachers' salaries and the districts to which 
such money belongs. After such date he should not pay out 
any of such money until he receives the next certificate of appor- 
tionment from the school commissioner. 

Disbursement of School Moneys. — It is the duty of super- 
visors to pay upon the order of the trustees of a district, or a 
majority of them, any money in his hands belonging to such 
district and applicable to the payment of teachers' salaries, or 
for tuition and transportation of pupils. The order upon the 
supervisor must show that the person to whom such money is 
payable was a duly qualified teacher, and must also show the 
dates between which such teacher was employed. If such funds 
are to be used for the payment of tuition and transportation of 
pupils the order should set forth that fact. 

Payment to Collector or Treasurer. — Whenever the collector 
or treasurer of a district shall present to a supervisor a copy of 
the bond which such collector or treasurer has executed, certified 
by the trustees, the supervisor shall pay to such collector or 
treasurer all the moneys in his hands due such district that may 
be applied upon the payment of the salaries of teachers. 



5° 



NEW YORK SCHOOL LAW 



Payment of Moneys Due to Union Free School Districts. — 

A supervisor, upon the order of a board of education of a union 
free school district, should pay to the treasurer of such dis- 
trict all moneys due it for salaries of teachers. 

Accounts of Receipts and Disbursements. — A supervisor 
should keep a correct account of all moneys received and dis- 
bursed by him, and should make a report thereof, with proper 
vouchers, to the town board at its annual meeting. 

Record of Receipts and Disbursements. — A supervisor is 
authorized by law to purchase, at the expense of the town, a 
blank-book in which he shall make a record of school moneys 
received or paid out, stating from whom and for what purposes 
they were received, and to whom and for what purposes they 
were paid. This record should be delivered to his successor 
in office. 

Filing Statement of Accounts. — Within fifteen days after the 
term of office of a supervisor expires he should make a correct 
statement of the school moneys received and disbursed by him, 
and should file such statement or report in the town clerk's 
office, and should notify his successor in office that he has made 
and filed such report. 

To Obtain Funds from Predecessors. — When a supervisor 
has given the bond required by law to the county treasurer, 
he should take a certificate or statement from the county treas- 
urer showing that such bond has been given. He should also 
obtain from the town clerk a copy of his predecessor's report. 
He should then present to his predecessor in office such copy 
and the certificate of the county treasurer showing that he has 
executed the required bond, and should demand all school 
moneys in the hands of such predecessor in office, which money 
should be paid upon such demand. 

Recovery of Penalties and Forfeiture. — It is the duty of the 
supervisor, when such duty is not imposed upon other officers 
by provisions of law, to sue for and recover all penalties 
and forfeitures provided for by the education law. After 



DUTIES OF SUPERVISORS. ETC. 51 

deducting his expenses he should report the balance to the dis- 
trict superintendent. 

Formation and Alteration of School Districts. — When re- 
quested to do so, a supervisor may act as a member of the local 
board to consider the wisdom of forming new school districts 
or changing the boundaries of districts already formed. He 
cannot act in this capacity unless properly requested, and cannot 
be compelled to act when requested. In such matters he may 
act at his own discretion. 

For this service supervisors are entitled to $1.50 per day, 
which is a charge upon their respective towns. 

Fix Valuation of Property. — The supervisors of the towns in 
which a school district is located shall, when properly requested 
to do so, determine whether the assessments made upon certain 
property in such towns are equitable when compared with each 
other. If in any case they find that the assessments are not 
equitable they may determine the relative proportion of taxes 
that ought to be assessed, and if they are unable to agree upon 
this, they may call a supervisor from an adjoining town, and a 
majority shall have power to determine such proportion. For 
this service supervisors are entitled to three dollars per day, 
which shall be a charge upon their respective towns. (See 
chapter on " Taxes.") 

Fees for Paying Out School Money. — The Legislature of 1904 
amended the town law by providing certain fees to be paid a 
supervisor for services and including the paying out of school 
moneys. A supervisor is entitled to a fee of one per-centum on 
all school moneys paid out in accordance with the provisions of 
the education law. He is not entitled to such fee on any money 
paid his successor in office. 

TOWN CLERKS 
[Article 12] 
Preserve Records. — It is the duty of a town clerk to preserve 
carefully all books, papers, and records deposited or filed in his 



52 NEW YORK SCHOOL LAW 

office and relating to the schools of the town of which he is clerk. 
Any loss or injury to such documents should be reported imme- 
diately to the supervisor of the town. 

Record of Apportionment. — Each supervisor deposits with the 
town clerk the certificate of apportionment for his town, which 
certificate he should record in a book provided for that purpose. 
He should also immediately notify trustees that the supervisor 
has filed such certificate. 

Obtain Reports of Trustees. — It is the duty of the town clerk 
to see that all trustees within his town file in his office an annual 
report as required by law. Such reports are to be delivered 
by the town clerk to the district superintendent upon his demand. 

Report List of Officers to District Superintendent. — It is 
also the duty of a town clerk to report to the district superin- 
tendent a list of officers and their post-office addresses for each 
school district in his town as such lists are provided him by 
school district clerks. 

Distribution of Documents. — It is the duty of the town clerk 
to distribute to the trustees of the school districts in his town 
all books, blanks, or circulars forwarded to him by the Com- 
missioner of Education or the district superintendent for such 
distribution. The documents which a town clerk is usually re- 
quested to deliver are the annual reports of the Commissioner 
of Education, the school registers, blank reports for trustees, 
and Arbor Day programmes. He should also deliver any other 
document placed in his hands by the district superintendent for 
that purpose. 

Record of Annual Accounts. — He should record the annual 
account of receipts and disbursements of school moneys made 
to him by the supervisor and should also record the action taken 
by the town auditors on such account and on the vouchers 
accompanying it. When the Commissioner of Education requires 
it, he should furnish him a copy of such account. 

Final Accounts. — A town clerk should record in the same 
book in which he records the annual accounting of a super- 



DUTIES OF SUPERVISORS, ETC. 53 

visor, the final accounting of school moneys by the supervisor, 
and he should deliver a copy of such final accounting to the 
supervisor's successor. 

Filing Treasurer's Certificate. — A town clerk should receive 
and record, from an outgoing supervisor, the certificate of the 
county treasurer showing that the bond of such supervisor's 
successor has been executed and approved. 

Records of Districts. — He should receive, file, and record all 
descriptions of school districts and their alterations and all other 
papers and proceedings relating to school matters which are 
delivered to him by the district superintendent. 

Assist in Formation of Districts. — A town clerk may become 
a member of a local board to pass upon an order issued by a 
district superintendent to change the boundaries of a school 
district or to form a new district. He may act in this capacity 
when requested to do so by the trustees of a district in his town 
to be affected by an order of the superintendent, but not other- 
wise. He may act at his pleasure in regard to attending the 
meeting of a local board for this purpose, but he cannot be 
compelled to attend. The law leaves his attendance optional. 
For service in this capacity a town clerk is entitled to $1.50 per 
day, which is a charge upon his town. 

Preserve Records of Dissolved Districts. — A town clerk 
should receive and preserve all books, papers, and records of a 
dissolved school district that are deposited in his oflice as the 
law directs. 

File Bond of Collector. — A town clerk should receive and file 
any bond given by a collector of any school district in his town, 
and enter memorandum of the same in proper book. He is 
entitled to a fee of twenty-five cents for every such bond filed. 
(Sec. 252.) 

Payment and Expenses.^For any service performed by a 
town clerk in discharging the duties above mentioned, for. which 
no fee is provided by law, he is entitled to the same compensation 



54 NEW YORK SCHOOL LAW 

as he would receive for performing similar services for the 
town, and it should be audited by the town board as a charge 
upon the town. All disbursements in postage, express charges, 
etc., are a charge upon the town also. 

COUNTY TREASURER 

Annual Report to Commissioner of Education. — On the first 
of October of each year, a county treasurer should report to 
the Commissioner of Education the amount of money received 
by him from the academic and library funds, the amount paid 
to each city, school district and academy and the amount in 
his hands, if any, unclaimed by any such city, district or academy. 

Require Bonds of Supervisor. — As soon as the county treas- 
urer receives the district superintendent's certificate of apportion- 
ment, he should require the supervisor of each town in his county 
to execute a bond with two or more sureties in double the 
amount of school money to be respectively paid to each of such 
supervisors. Whenever a vacancy occurs in the office of super- 
visor and such vacancy is supplied, the person chosen to fill 
such vacancy should be required by the county treasurer to give 
a bond in like manner as supervisors regularly elected, in double 
the amount of school moneys in the hands of the former super- 
visor. 

Should Sue Bond. — If the condition of the bond of any 
supervisor should be broken, the county treasurer should sue the 
bond in behalf of the town and pay the money recovered to the 
successor of the defaulting supervisor. 

Payment of School Moneys. — After a supervisor has given 
a bond approved by the county treasurer, such treasurer should 
pay such supervisor the amount of school money due his town 
as shown by the superintendents' certificate of apportionment. 

Payment of Unpaid Taxes. — Whenever a collector is unable 
to collect the school-district tax upon any real estate and the 
matter is properly presented to the county treasurer, it is his duty 



DUTIES OF SUPERVISORS, ETC. 55 

to pay such tax from the contingent fund and to report the facts 
to the board of supervisors of the county. (See chapter 15.) 

DISTRICT ATTORNEY 

Fines from Prosecutions. — The district attorney should prose- 
cute all persons guilty of misdemeanors in relation to school 
affairs, as required by law, and should report annually to the 
board of supervisors all fines collected as the result of such 
prosecution, and all such money received by him should be imme- 
diately paid to the county treasurer, (Sec. 851.) 

Adjust Costs. — When the amount claimed by district officers 
for defending actions and proceedings in behalf of a district is 
disputed by such district and the county judge is debarred from 
acting, such claim, when presented in due form, must be adjusted 
hy the district attorney. 

COUNTY JUDGE 

Appoint District Superintendent of Schools. — When a board 
of school directors fail to elect a district superintendent of 
schools and a vacancy exists in such office the county judge 
appoints a superintendent. (Sec. 383.) 

Adjust Costs. — When the officers of a school district have 
brought or defended an action or proceeding in behalf of such 
district by instruction, and the amount claimed by such officers 
for costs and expenses is in dispute, and when such officers have 
brought or defended an action or proceeding in behalf of a 
district without instruction, and the district meeting refuses to 
allow the claim presented by such officers for costs and expenses 
and the matter is properly presented to the county judge, he 
should give such officers and district a hearing, examine into 
the facts of the case, and decide what amount should be allowed 
such officers, if any. The amount allowed by a county judge 
cannot exceed thirty dollars. A county judge cannot adjust 
a claim for costs and expenses incurred in bringing or defending^ 



56 



NEW YORK SCHOOL LAW 



appeals before the Commissioner of Education, but only in air 
" action or proceeding," in court. (Sec. 860; 31 Misc. 590.) 

REVIEW QUESTIONS 

Of what school property are supervisors trustees? What annual 
return of school moneys must supervisors make? When and to whom 
is such return made? When may supervisors pay out such moneys-, 
after a return has been made? Upon whose order should a supervisor 
pay the money in his hands for the payment of teachers' wages? What 
two facts should such order show? When should a supervisor pay to a 
collector or treasurer of a district the money due their district for 
teachers' wages? What disposition should a supervisor make of the. 
money in his hands, for teachers' wages and library purposes, belonging 
to union free school districts? To whom should the supervisor make a 
report of the school moneys received and disbursed by him? What 
record of school moneys should a supervisor keep? What should he do • 
with this record? 

What statement should a supervisor file in the town clerk's office? 
When? To whom should he send notice that such report has been filed? 
State what is necessary to qualify a supervisor to obtain funds from 
his predecessor in office. What is the duty of a supervisor relative to 
penahies and forfeiture under the consolidated school law? In what 
manner may a supervisor assist in the formation or alteration of school 
district boundaries? Has he authority to act if not requested to do so? 
Can he be compelled to act in such capacity? To what compensation 
are supervisors entitled for such service? When may supervisors deter- 
mine upon the equitable assessment of property? When may the super- 
visor of an adjoining town assist in such matters? What compensation 
does he receive for this service? 

What is the general duty of a town clerk relative to preserving- 
school district records? What record of a supervisor's certificate of 
apportionment should a town clerk make? What officers' reports must 
he obtain? What must he do with such reports? What report must 
he make to the district superintendent? What is his duty in relation to 
distributing documents? What is his duty in relation to records of 
annual accounts? Final accounts? Treasurers' certificate? Records of 
boundaries of districts? When may he assist in forming a new school 
district or in changing the boundaries of a district? Can he act if not 
requested? Can he be compelled to act? What compensation does he 
receive? What is his duty in relation to records of dissolved districts? 
In filing bonds of treasurer or collector? To what compensation is he 
entitled? How is such compensation paid? 

When must a county treasurer report to a district superintendent? 
What must such report show? What is his duty in relation to requiring 



REVIEW QUESTIONS 57 

l)onds of supervisors? When should he sue the bondsmen of a super- 
visor ? When should he pay school moneys to supervisors ? When should 
he pay uncollected taxes on real estate to a school district collector? 

What is the duty of the district attorney in relation to fines and prose- 
cutions? In adjusting costs? 

When may a county judge appoint a district superintendent? When 
may he adjust costs of district officers defending an action or proceeding 
for or against the district? What amount may he allow? May he 
adjust costs incurred in an appeal to the Commissioner of Education 
in an action or proceeding as defined by the Civil Code? ~ 



CHAPTER VI 

SCHOOL DISTRICTS 
[Article 5] 

Number of Districts. — For the school year ending July 31, 
J910, the number of school districts in the State not including 
cities, was 10,592. The number differs from year to year as 
new districts are formed and others abolished. 

Origin of District System. — The school act of 1795 provided 
that the inhabitants of a town might associate together for the 
purpose of establishing and maintaining schools. Schools were 
maintained under this plan until 1812, when the law was changed 
hy the school act of that year providing that the town commis- 
sioners should divide their respective towns into a suitable and 
convenient number of districts which should be numbered. The 
first act providing for union free schools was passed m 1853, 
and was incorporated into the Consolidated School Act of 1864, 
The object was to create strong schools by uniting weak ones, 
-and thus bringing more pupils and property to the support of a 
single school. 

Division of Territory. — The law provides that all territory 
■of the State must be divided and included in school districts. 
If there is territory in a supervisory district not included in some 
school district, it is the duty of the district superintendent having 
jurisdiction, to divide such territory and order that it be included 
in the school districts to which it properly belongs. 

Constitutional Provision. — Section i of article 9 of the State 
constitution requires the State legislature to provide for the 
-maintenance and support of a system of free common schools 
Tvherein all the children of the State may be educated. 



SCHOOL DISTRICTS 59 

School District. — A school district is a subdivision of a town 
or city which is under the management and direction of ofificers 
who are required to maintain a free pubHc school in and for 
such district as the law directs. 

Classes of Districts. — Under the education law school dis- 
tricts are known as union-free school districts, common-school 
■districts, and joint districts. 

Union Free-School Districts. — Union free-school districts are 
the districts organized as such under the provisions of the edu- 
cation law, or under special acts of the State legislature. These 
districts have a board of education and are usually organized 
in the villages and cities of the State. 

Common-School Districts. — All school districts in the State 
which are not organized as union-free school districts are com- 
mon-school districts. In the place of a board of education a 
common-school district has a board of trustees. 

Joint Districts. — Joint districts are school districts lying in 
two or more supervisory districts. These districts are either 
•common-school districts or union free-school districts. Joint dis- 
tricts must bear the same number in each town. 

Public School. — A public school is a school accessible to all 
the children of school age residing in a district or city, and 
supported by public taxation. Common schools and union free 
schools are public schools. 

School Year. — The school year begins on the first day of 
August and ends on the thirty-first day of July following. 

Who May Attend School. — All persons over five and under 
twenty-one years of age are entitled to attend the public school 
of the school district or city in which such persons reside, the 
"full period for which such public school is in session, without 
payment therefor. Such has been the law since the passage of 
the free school act in 1867. (Sec. 567.) Children over four 
years of age are entitled to attend a kindergarten maintained in 
the district in which such children reside, without charge. (Sec. 
311) 



6o NEW YORK SCHOOL LAW 

Attendance of Non-resident Fupils. — Non-resident pupils may 
upon the written consent of the trustees of a district or a majority 
of such trustees be admitted to the pubHc school of such dis- 
trict. The trustees determine the conditions upon which non- 
resident pupils are admitted and the amount of tuition which 
must be paid. Whenever the parents or guardians of non-resi- 
dent pupils are taxed on property owned by them and located 
in the district in which such non-resident pupils attend a public 
school, the amount of such tax paid must be deducted from the 
tuition charged. (Sec. 567.) 

Attendance of Indian Pupils. — When a school district con- 
tains an Indian reservation on which a school for Indian children 
is maintained, the Indian children of such reservation are not 
entitled to the school privileges of the district in which such- 
reservation is located and cannot be legally admitted to the 
public district school without the consent of the Commissioner 
of Education. (Sec. 943.) 

Description of Districts. — There should be on file in the town 
clerk's office, a complete description in metes and bounds of each 
school district of his town. The districts of a town should also 
be numbered consecutively. In a town in which twelve school 
districts are located, such districts should be numbered from one 
to twelve, inclusive. If any of the districts of such town should 
be abolished, the districts should be renumbered by the district 
superintendent so as to make the numbers consecutive. For 
example, if district No. 8 should be abolished, No. 12 should 
be changed to 8, and the districts would then be numbered from 
I to II inclusive. 

Formation and Dissolution of Joint Districts. — When the 
best interests of public education will thus be conserved, a school 
district may be formed from the territory of two or more super- 
visory districts by the joint action of the district superintendents 
having jurisdiction or a majority of them. 

A joint district may also be dissolved. This requires, how- 
ever, the joint action of the superintendents of the supervisory 



SCHOOL DISTRICTS 6l 

^districts in which such joint district is located. The proceedings 
are the same as those given under "Alteration of School Dis- 
tricts " in this chapter, except that all orders must be signed 
jointly by the superintendents, or a majority of them. 

Alteration of Joint District by Special Meeting. — When a 
majority of the superintendents of the supervisory districts in 
which a joint district is located fail to attend a joint meeting 
of such superintendents regularly called for the purpose of 
altermg or dissolving such joint district, the superintendent or 
superintendents attending such meeting, or any one of them, may 
call a special meeting of such district to determine whether it 
shall be dissolved or altered. The decision of the meeting on 
such question is as valid as though made by the superintendents. 
This proceeding is operative in cases only where a joint district 
lies in three or more supervisory districts. 

Dissolution of Districts. — A district superintendent has au- 
thority to dissolve any school district under his jurisdiction for 
valid reasons except a union free school district whose bound- 
aries are coterminous with the boundaries of an incorporated 
village or city. His action in such cases is subject to appeal 
to the Commissioner of Education. The territory of such dis- 
trict or districts, if more than one is dissolved, must be annexed 
to adjoining districts or must be created into a new district 
This action may be taken without the consent of the trustees 
of the districts affected. It must be understood, however, that 
this action can be taken only when a district is dissolved and its 
territory is annexed to another district or districts or used to 
form a nezu district. 

Call of Meeting to Form Union Free-School District. — The 
trustees of any school district should issue a call for a special 
meeting of the district, to determine upon organizing a union 
free-school district, when requested to do so by fifteen persons 
who are qualified voters in such district. This request should 
be a written statement asking for such meeting, and addressed 
to the ttustees. 



62 NEW YORK SCHOOL LAW 

Meeting of Two or More Districts. — When it is desired to 
unite two or more districts to form a union free-school district, 
fifteen quahfied voters of each district must sign a request for 
a meeting; and when the trustees receive such request, they 
should issue a call for a joint meeting at some convenient place 
within such districts. 

Notice of Meeting. — Within ten days after the trustees have 
received such request, they should give notice of a meeting to 
be held at some suitable place in the district. The notice should 
also state on what day and hour the meeting will be held. The 
date chosen must be not less than twenty nor more than thirty 
days from the date on which the notice is given. When the 
trustees refuse or fail to give notice of the meeting the Com- 
missioner of Education may direct any resident of the district 
to give such notice. 

Method of Giving Notice. — In a district whose boundaries 
correspond in whole or in part to those of an incorporated village 
in which there is published a daily or weekly newspaper, the 
notice of such meeting may be given by posting copies of such 
notice in at least five conspicuous places in the district twenty 
days previous to the date of the meeting, and by publishing such 
notice once a week for three successive weeks in all papers pub- 
lished in such district. Personal service of notice of meeting 
is not required when notice is published in a newspaper. 

In any other district notice shall be given by posting copies 
in five conspicuous places in the district and by delivering a copy 
of such notice or so much thereof as relates to the time, place 
and object of the meeting to each qualified voter in the district, 
at the place of his residence at least twenty days previous ta 
the date of such meeting. 

When two or more school districts are involved in these pro- 
ceedings, notices must be given in each district. 

Failure to Notify all Voters. — A failure to notify all voters 
of this meeting will not render the proceedings illegal unless it 
can be shown that such failure was willful and fraudulent. 



SCHOOL DISTRICTS 65 

1 

Expenses of Notices, — All reasonable expenses for publish- 
ing such notices of meetings in newspapers are a charge upon 
the union free-school district, when it is organized. If suck 
district is not organized, these expenses must be paid by the 
persons who signed the request for such meeting. No comoen- 
sation is allowed for personal service of notice. 

Procedure of Meeting. — A meeting duly convened for this, 
purpose shall organize by electing a chairman and a secretary. 
The next proposition to come before the meeting should be a 
resolution or motion to form a union free-school district. If 
the number required by law are present, a vote may be taken 
on this proposition. The meeting may adjourn from time to> 
time by a majority vote, but not for a longer period than ten 
days. If the meeting should take affirmative action and vote- 
to organize a union free-school district, the next step would be 
to elect trustees. The election of trustees is treated in the chap- 
ter on boards of education. 

Number Required at Meeting. — If the meeting consists of 
one district only, fifteen qualified voters must be present to vote 
on the proposition to organize a union free-school district ; and 
if two or more districts are involved, there must be at least 
fifteen qualified voters present from each district, and a majority 
of those present and voting will decide the question. 

Filing of all Papers and Proceedings, — When affirmative 
action has been taken by a district on this question, copies of the 
request for such meeting, and of the call for and notice of such 
meeting, and of the minutes of the meeting, all duly certified 
by the chairman and secretary, must be filed with the town 
clerk of the town in which the district is located, with the dis- 
trict superintendent having jurisdiction, and with the Commis- 
sioner of Education. 

Failure to Organize. — If the resolution to organize a union^ 
free-school district should be defeated, no further business carr 
be transacted, except to vote to reconsider the resolution or tc 



^4 NEW YORK SCHOOL LAW 

adjourn; nor can a meeting to consider such question be called 
again within one year. 

Annexation of Common-School District to a Union Free- 
School District. — A district superintendent may dissolve one or 
more common-school districts on the written consent of the 
trustees of all the districts concerned and annex the territory 
to a union free-school district, when such districts adjoin and 
when the boundaries of such union free-school district do not 
correspond to the boundaries of an incorporated village or a 
city. 

Alteration of Boundaries of a Union Free-School District 
by District Superintendent. — A district superintendent has the 
authority to alter the boundaries of any union free-school dis- 
trict whose limits do not correspond to those of an incorporated 
village or a city, in the same manner that common-school dis- 
tricts are altered. 

Dissolution of Union Free-School District. — When a meet- 
ing, regularly convened, organizes a union free-school district, 
such district cannot be dissolved within one year from the first 
Tuesday in August following the date on which it was organized. 

But any union free-school district which has been established 
for one year or more may be dissolved by a special meeting 
of the district with the approval of the district superintendent. 
A meeting for this purpose should be called by the Board of 
Education when an application therefor is presented to them, 
signed by at least fifteen resident taxpayers of the district. 

Action of Meeting. — The vote of a district meeting on this 
question should be taken by recording the ayes and noes ; and 
to receive favorable action, the proposition to change from a 
union free-school to a common-school district must receive a 
two-thirds vote of the legal voters present and voting on the 
question. Whenever the question fails to receive a majority 
vote, no further meeting for a similar purpose can be held 
within three years from the date of the meeting at which such 
vote was taken. 



SCHOOL DISTRICTS 65 

Approval of District Superintendent. — Whenever a district 
takes favorable action upon the proposition, it is the duty of 
the Board of Education of such district to present to the district 
superintendent having jurisdiction, certified copies of the call 
for and notice of such meeting and of the proceedings of the 
meeting. If the district superintendent approves the action of 
the district meeting, he should file a certificate to that effect with 
the Board of Education. But the change of such district to a 
common school district can not go into effect until the day 
preceding the first Tuesday of August next following. 

Disapproval of District Superintendent. — 'If the district 
superintendent having jurisdiction, should refuse to approve the 
action of a meeting in voting to change from a union free-school 
district to a common-school district, no meeting can be held in 
such district for a like purpose within three years from the date 
on which the meeting was held at which such vote was taken. 

Conditional Approval of District Superintendent. — A district 
superintendent may make his approval of such proceedings upon 
the condition that the district which has been greatly benefited 
"by consolidation in the way of buildings, improvements of site, 
etc., shall pay an equitable sum to each of the other districts 
into which the district will be divided. 

Division of Dissolved District. — The district superintendent 
having jurisdiction, has the authority to divide the territory of 
a union free-school district which has been dissolved as described 
in this chapter into common-school districts, and whenever a 
union free-school district which was established by the consoli- 
dation of two or more districts shall be dissolved, the district 
superintendent may divide such territory into districts to corre- 
spond, so far as practicable, to the districts which had been 
•consolidated. 

Transfer of Academies to Former Trustees. — When a dis- 
trict so dissolved shall contain an academy which was converted 
under the law into the academic department of the union free- 
school of such district, the Board of Education must transfer 



66 NEW YORK SCHOOL LAW 

such academy to a majority of the surviving resident former 
trustees or stockholders, upon their apphcation. 

Disposition of Money on Hand. — Whenever a union free- 
school district shall be thus dissolved and there shall be any 
money in the hands of the treasurer of such district, such money 
should be equitably apportioned among the school districts into 
which the union free-school district has been divided. When 
the treasurers or collectors of such districts are elected and have 
qualified, the money should be paid to them. 

Annual Meeting of Districts thus Formed. — The annual 
meeting of the districts thus formed from the territory of a 
dissolved union free-school district shall be held the first Tues- 
day in August which occurs after such districts have been formed. 
The electors of the districts thus formed shall elect district 
officers at such annual meeting in the manner required by law. 

Notification of Commissioner of Education. — W'henever a 
meeting of a union free-school district has been duly convened 
and has voted to dissolve such district, and this action of the 
meeting has been approved by the district superintendent, copies 
of the call for and the notice of such meeting, and of its pro- 
ceedings and their approval by the district superintendent, all 
duly certified by the board of education, should be forwarded 
to the Commissioner of Education. 

Appeal to Commissioner of Education. — Any person feeling 
aggrieved by the action taken in any of the proceedings in such 
cases, may bring an appeal to the Commissioner of Education, 
who has power to decide the matter and his decision is final. 

Division of Union Free-School District which Contains Two 
Incorporated Villages. — Sections 130-134 inclusive of the 
education law formerly provided for the division of a union free 
Bchool district within which there shall be territory of two or 
more incorporated villages. So much trouble occurred under 
the operation of this law that these sections were repealed by the 
Xeffislatnre of 1911. 



SCHOOL DISTRICTS 67 

Property of Dissolved Districts. — When two or more dis- 
solved districts are thus consoHdated into one, the new district 
succeeds to the right of the property possessed by the district^ 
from which it was formed. 

When the territory of a dissolved district is attached to other 
districts, the supervisor of the town in which the school-house 
of such dissolved district is located should sell the property of 
such dissolved district at public auction. He should give at 
least five days' notice of such sale by posting a notice in three 
or more public places of the town in which such district is 
located, one of which must be posted in the district so dissolved. 
The supervisor should deduct from the receipts of such sale 
all expenses. He should then use the remainder to pay the 
debts of the district. If there is a remainder after paying such 
debts, the supervisor should apportion it among the owners of 
taxable property in the district in proportion to their respective 
assessments on the last assessment rolls of the town, and should 
pay such money accordingly. 

Outstanding Moneys of Dissolved Districts. — The supervisor 
of the town within which the school-house of a dissolved district 
is situated has authority to receive, sue for, and collect, in his 
name of office, any money due the district from its former 
officers or from any other person. 

Application of Such Money. — The supervisor should deduct 
from any moneys thus received all costs and expenses of col- 
lection and report the balance to the district superintendent. The 
district superintendent should apportion such balance equitably 
among the districts to which the parts of such dissolved district 
were annexed. The district meeting of each district receiving 
such money should direct for what purposes it should be used. 

Adjustment of Affairs of Dissolved Districts. — After a dis- 
trict has been dissolved it continues to exist in law for the pur- 
pose of providing for and paying all its just debts. For this 
purpose its trustees and other officers continue in office ; the 
district may hold special meetings, elect officers to fill vacancies. 



68 NEW YORK SCHOOL LAW 

and vote taxes ; and the inhabitants of the district and its officer^ 
may transact any other business necessary for the adjustment 
of such debts. 

Records of Dissolved Districts. — The district superintendent, 
or if a joint district, the superintendents, should direct the clerk 
or other person who may be in possession of all books, papers, 
and records of the district to deposit such books, papers, and 
records in the town clerk's office of the town in which the school- 
house of such dissolved district was located. The superintendent 
should file a copy of the order served on the district clerk or 
other person with the town clerk. 

A failure on the part of a district clerk or any other person 
to comply with the order of a superintendent in this matter is 
punishable by a fine of $50. 

Methods of Alteration. — In altering the boundaries of any 
s ' r y\ district there are two methods of procedure. One is with 
the consent of the trustees of the districts affected, the other 
is without the consent of such trustees. 

It is impossible to change the boundaries of one district with- 
out changing the boundaries of at least one other. If territory 
is taken from one district it must be added to another. There 
will, therefore, always be at least two districts affected when 
a question of alteration of boundaries is involved. 

Action with Consent of Trustees. — A district superintendent 
should always, if possible, obtain the consent of the trustees 
of all districts to be affected, when he decides to alter the bound- 
aries of a district. This consent should be in writing and should 
state definitely what changes are to be made. A description of 
the districts as they shall be after the proposed changes are made 
should be incorporated in the written consent of the trustees. 
The Commissioner of Education has held that in a district having 
more than one trustee a majority vote at a meeting regularly 
called shall be considered the action of such board. The con- 
sent of the trustees of all districts having been obtained, the 
superintendent may issue an order making the alterations, and. 



SCHOOL DISTRICTS 69 

must file a copy thereof with the town clerk of the town in 
which such districts are located, and if such districts are located 
in two or more towns, a copy must be filed with the town clerk 
of each of such towns. The order should state definitely what 
changes are to be made and must recite that the consent of the 
trustees of each district has been given. These consents should 
be attached to and form a part of the order of the superintendent. 
The superintendent should also file a copy of such order with each 
district clerk of the school districts affected. 

The Commissioner of Education has held that a trustee can- 
not consent to transfer his own land from one school district 
to another. 

Action Without Consent of Trustees. — This procedure is 
more complicated than the former. When the trustees of any 
one of the districts affected, refuse to consent to the proposed 
alteration the superintendent must follow out each step pro 
vided by statute. He may make the order and file it with .e 
town clerk of the town in which the districts are located. This 
order is known as the preliminary order, and must recite the 
refusal of the trustees of any district or districts so refusing, 
and the superintendent must direct that the order shall not take 
effect as to the dissenting district or districts until a day named 
therein, and not within three months from the date of such order. 

Within ten days after filing such order the superintendent 
must give at least one week's notice in writing to the trustees 
of all the districts affected by such order, that, at a specific 
time, and at a place in the town in which one of the districts 
to be affected is located, he will hear the objections which may 
be offered to the proposed alteration. 

This notice must state that an order of alteration has been 
issued, and a copy of such order must also be inserted in the 
notice. 

Local Board. — Upon the request in writing of the trustees 
of any district affected, the supervisor and town clerk of the 
town or towns in which such district wholly or partly lies, may 



fO NEW YORK SCHOOL LAW 

be associated with the superintendent upon the hearing of objec- 
tions to his preUminary order. No supervisor or town clerk can 
act in this capacity who has not been requested to do so. And 
such supervisor and town clerk must present such request, with 
proof of service of the same, to the superintendent, at the time 
and place fixed for such hearing, to establish their jurisdiction 
to act. The supervisors and town clerks thus requested to act 
and the superintendent, form the local board to hear and deter- 
mine upon the merits of the objections offered to the proposed 
changes. If a supervisor or a town clerk should be associated 
with a local board without being requested by the trustees of the 
district, any decision of such board determined by the votes 
of such supervisor or town clerk would be declared void by the 
Commissioner of Education upon appeal to him in due form. 

If a district has more than one trustee, a request for a super- 
visor or town clerk to act in conjunction with the superintendent 
must come from a majority of such trustees ; such request hav- 
ing been decided upon at a regular meeting. 

Town officers are not required by law to attend such meet- 
ings. Trustees are authorized to request them to attend ; but 
there is no authority to compel their attendance. If any of these 
officers who are entitled to act as members of a local board should 
fail to appear at the hearing, the superintendent and those super- 
visors and town clerks entitled to become members of the board, 
who do appear, may proceed with the hearing and render a 
decision thereon. If all supervisors and town clerks entitled 
to become members of such board should fail to appear at the 
hearing, the superintendent may proceed without them and de- 
cide on the merits of the objections offered. 

But if the superintendent should not attend and if the town 
officers should attend, they would not have the authority to 
proceed, and the preliminary order issued by the superintendent 
would become void. In a case of this kind proceedings could 
be renewed if desired. 

A local board has power to adjourn from time to time, but 



REVIEW QUESTIONS 71 

such adjournments can not extend the date of the hearing be- 
yond the time designated in the prehminary order when such 
order shall take effect. 

At the hearing before the local board those interested who 
are opposed to the order of the superintendent may present 
their evidence and arguments against the wisdom of the pro- 
posed changes, and those in favor may also present evidence 
and arguments in support thereof. 

After all evidence and arguments have been presented, the 
board must decide by vote either to affirm or vacate the order 
of the superintendent. Each member of the board is entitled 
to a vote, and a majority decides the action to be taken. If 
the board decides to vacate the order of the commissioner, the 
matter is ended and the changes cannot be made. An appeal 
from such decision may be taken to the Commissioner of Edu- 
cation, who may affirm, modify, or vacate such order. A record 
of the action of the board must be filed in the town clerk's office. 

If the board votes to confirm the order of the superintendent, 
a final order must be made by the superintendent and members 
of the board, directing that the alterations be made. 

This final order must recite the first order and all the pro- 
ceedings taken thereafter, including the action of the local board. 

REVIEW QUESTIONS 

What is the number of school districts in the State? What is the 
law in relation to the division of all territory in the State? What are 
the three classes of districts? When was the district system first inaug- 
urated? How? What change was made in 1812? When were union 
free schools authorized? Define each. What is a public school? What 
are the limits of a school year? Who are entitled to attend a public 
school? For what period may such persons attend? When was the free- 
school act passed? What is the law in relation to the apportionment 
of public money on the attendance of pupils over 18 years of age? Who 
may attend a kindergarten? How may non-resident pupils be admitted 
to school? Who determines the conditions upon which they are admitted? 
What is the law in relation to charging such pupils tuition? What 
is the law regnilating the attendance of Indian pupils upon a public 
school ? 



y2 NEW YORK SCHOOL LAW 

Where should a description of each school district be filed? What 
should be the character of this description? How should districts 
be numbered? When may a joint district be dissolved? How? When 
may the boundaries of a joint district be altered by a special meeting? 
How is such special meeting called? When may a school district be 
dissolved by a superintendent without the consent of the trustees of 
such district? 

Who calls the meeting for the organization of a union free school 
district? When? How should this request be made? How should the 
request be made when two or more districts are to be united ? When such 
request is properly presented to the trustees what should they do? What 
facts should the notice contain? At what time after the notice has beea 
given must the meeting be held? How may the meeting be called when 
the trustees refuse to give the rquired notice? 

What is the method of giving notice in a district whose boundaries- 
correspond in whole or in part to those of an incorporated village in 
which there is published a daily or weekly newspaper? When is a 
personal service of notice not required? What method of giving notice 
in all other districts must be pursued? How must notice be given when 
two or more districts are involved? What should all notices state? 
What is the effect of a failure to notify all voters? How are the expenses 
of publishing notices, etc., paid? H the district is not formed, how 
are they paid? Can compensation be allowed for personal service of 
notice? 

How does the meeting organize? What is the next proposition to 
come before the meeting? When may a vote be taken on this proposition? 
How may the meeting adjourn? For what period? If affirmative action 
is taken on the proposition, what is the next step to be taken? When 
one district is involved how many voters must be present in order that 
a vote may be taken? How many voters must be present when two 
or more districts are involved? What vote determines the question? 
When affirmative action is taken what papers must be filed? With 
what officials? If the proposition to organize is defeated, what further 
business may be transacted? When may another meeting to consider 
the matter be called? 

When may the district superintendent annex the territory of a common- 
school district to a union free-school district? A district superintendent 
may alter the boundaries of what union free-school districts? After a 
union free-school district has been organized what time must elapse befor; 
it can be dissolved? How may a union free-school district which has been 
established for more than one year be dissolved? How is such special 
meeting called? When should it be called? How should the vote on this 
question be taken? What vote is necessary in order to change to a 
common-school district ? When a proposition to change from a union free- 
school district to a common-school district is defeated, what period of time 



REVIEW QUESTIONS 75 

must elapse before another meeting may be called to consider such 
proposition ? What must be done with all papers in the proceedings 
when a union free-school district votes for a change? What should 
the superintendent do if he approves the change? When does the dis- 
solution go into effect? If the superintendent fails to approve such 
action, when may another meeting for the same purpose be held ? When 
may a superintendent make his approval conditional ? What is done with 
the territory of a union free-school district when such district has been 
dissolved? When a district is thus dissolved and it had contained an 
academy which was converted into an academic department of such union 
free-school district, what must the board of education do with such 
academy? When a district is thus dissolved and there is any money 
in the hands of the treasurer of such district, what disposition must be 
made of such money? To whom should it be paid? When does the 
annual meeting of the districts formed from such dissolved district occur? 
What papers relating to such dissolution must be filed with the Commis- 
sioner of Education? WHiat appeal may be taken in these matters? 

When two or more dissolved districts are consolidated into a new 
district, what becomes of the property of such dissolved districts? What 
becomes of the property when such districts are attached to other dis- 
tricts? What notice of such sale must be given? How are the expenses 
of such sale met? What disposition is made of the remainder of such 
fund? 

How may the outstanding money of a dissolved district be collected? 
What is done with money thus collected? What is the duty of a district 
superintendent in relation to such matters? What powers does a dis- 
solved district possess as a district? What disposition should be made 
of the books, papers, and records of a dissolved district? Who should 
direct this? What is the penalty for failing to comply with this direction? 
What are the two methods by which a school district may be altered? 
If the boundaries of one district are changed, what must follow? In 
what form should trustees' consent be given? What is done after the 
consent of the trustees is given? What must be done with the superin- 
tendent's order? What facts should the order of the superintendent 
recite? With whom should copies of such order be filed? Can a trustee 
consent to transfer his own land from one district to another? 

By whom is a preliminary order issued to change the boundaries of 
a district when the trustees will not consent to such change? Where must 
such order be filed? What must it show? When must it take effect 
as to the dissenting districts? What notice must the superintendent give 
to the trustees dissenting to such changes? What must such notice con- 
tain? What officers may be associated with the superintendent at the 
hearing upon such order? Can these officers act if not requested by the 
trustees? What must these officers do to establish their jurisdiction to 
act? What would be the effect if either of these officers should act 



74 



NEW YORK SCHOOL LAW 



without being properly requested to do so ? Can these officers be required 
to act in this capacity? If only part of the officers requested to act in 
this capacity should appear at the hearing, what should be done? If none 
of such officers requested should appear, could the superintendent legally 
act in their absence? If the superintendent should fail to appear and the 
other officers should appear, what could be legally done? 

Can this board adjourn? For what period? What should be done at 
the hearing? What must be done with the records of the proceedings? 
If affirmative action is taken on the original order, what is the ne< 
step? What must the final order contain? 



L 



CHAPTER VII 

DISTRICT MEETINGS 

[Article 7] 

I. FIRST MEETING IN NEW DISTRICT 

By Whom Appointed. — -When the order forming a new 
school district goes into effect the district superintendent having 
jurisdiction must appoint a time and place for holding the 
first district meeting for the purpose of effecting a district or- 
ganization. 

Notice of Meeting. — The district superintendent must prepare 
a notice which shall state the time and place at which the meeting 
will be held and the object for which it is called. This notice 
should be explicit in this respect and state that the meeting is 
called to elect officers, vote taxes, and transact any other business 
permitted by law. The notice must also include a description 
of the boundaries of the district, which must be the same as 
that contained in the order forming such district and must be 
given in metes and bounds. This notice should be delivered 
by the district superintendent to some taxable inhabitant of the 
district, who is directed to serve such notice upon every qualified 
voter residing in the district for which the meeting is to be neld. 

Service of Notice. — It is the duty of the person receiving this 
notice to notify every qualified voter of the district of such 
meeting by delivering to him a copy of the notice of such meet- 
ing. If any resident of the district is absent from home, a copy 
of that part of the notice relating to the time, place, and object 
of the meeting should be left at the place of residence of such 
person. This notice must be served on the voters of the district 



^6 NEW YORK SCHOOL LAW 

at least six days, previous to the date of the meeting, exclusive 
of the day of service. 

Return of Notice. — The person serving such notice should 
make a return to the district meeting showing in what manner 
each inhabitant of the district was notified. This is done by 
furnishing a list of names of those who were personally notified 
of the meeting and another list of those for whom the notices 
were left at their places of abode. These lists should be endorsed 
upon the back of the notice of such meeting and signed by the 
person who served the notice. It should then be presented by 
such person to the district meeting and filed with the records 
of the district. The object of this return is to show that the 
meeting was regularly called and to establish its jurisdiction in. 
the event of any dispute arising. If a return is not made, it 
will be presumed that the meeting was regularly called, unless 
the preponderance of evidence should show otherwise. 

Penalty for Refusing to Serve Notice. — Any taxable inhabi- 
tant of such district, when requested in due form to serve the 
notice of such meeting, who refuses or neglects to do so, for- 
feits the sum of $5 for the benefit of the district. 

Powers of Such Meeting. — The first meeting of a new district,. 
when regularly called, possesses the powers of an annual meet- 
ing and may transact business that might properly come before 
an annual meeting. 

Failure to Hold Meeting. — Whenever the time fixed for the 
first meeting of a new district shall have passed and such meet- 
ing shall not have been held, the superintendent may, in his dis- 
cretion, appoint another time for such meeting by delivering 
another notice, as in the first case, to some taxable inhabitant 
of the district. A superintendent is not required to call a second 
meeting. He may act as he deems it expedient under the 
circumstances. Unless in the opinion of the superintendent it 
is necessary for the consideration of important business before 
the date of the annual meeting, a second meeting should not be 
called. 



DISTRICT MEETINGS 77 

2. SPECIAL MEETINGS 

By Whom Called in Common-School District. — The call 
for all special meetings in a common-school district should be 
issued by the trustees of the district. When the office of trustee 
is vacant the district clerk should issue such call, and when the 
offices of trustee and clerk are both vacant, the district superin- 
tendent having jurisdiction may, when it is shown to his satis- 
faction that conditions demand it, issue a call for a special 
meeting. 

Method of Calling in a Common-School District. — There are 
two methods by which special meetings may be called in a com- 
mon-school district. The voters of a district may at any annual 
meeting adopt a resolution prescribing the method by which 
notice of special meetings shall be given. Such resolution and 
such method of calling special meetings provided thereby shall 
remain in force until modified by some subsequent annual meet- 
ing. This method must be such that the notice may reasonably 
l5e expected to reach every voter of the district. Publishing 
notices in a paper published in the district or posting notices 
for a reasonable time in conspicuous places in the district, has 
been held to meet the requirements of the law. 

When the annual meeting fails to provide a special manner of 
giving notice of special meetings, the method provided by statute 
must be pursued. The district clerk, upon the request of the 
trustee or trustees of the district, must serve notice upon each 
of the qualified voters of the district at least six days, exclusive 
of the day of service, before the date of such special meeting. 
If there should be a vacancy in the office of district clerk, or 
if the clerk should refuse to act, a trustee of the district or 
some taxable inhabitant, upon order from the trustees of the 
district, must serve the notice of special meetings. If the offices! 
of trustee and clerk are both vacant, the district superintendent 
may direct some inhabitant of the district to serve the notice 
of special meetings. 



^8 NEW YORK SCHOOL LAW 

Notice of Special Meeting in Union Free-School District. — 
The notice of all special meetings should be given by the Board 
of Education and in the same manner that notice of annuali 
meetings is given. The notice of such meetings may be signed 
by the president and the clerk of the board, but this must be 
done under the direction of the board. The notice should state 
explicitly when and where the meeting will be held and the. 
purpose for which it is called. 

Service and Return of Notice. — The method of serving notice 
for special meetings on the inhabitants of a district is the same 
as that outlined in this chapter for serving notice for the first 
meeting of a district. The same method of procedure in making 
a return of service of notice should also be followed. 

Penalty for Refusing to Serve Notice. — Any taxable inhabi- 
tant of a district who refuses to serve a notice of special meet- 
ing when legally requested forfeits the sum of $5 for the benefit 
of the district. 

Power of District Superintendent to Call Special Meetings. 
— It will be observed from the preceding paragraphs relating to 
special meetings that a district superintendent may call and give 
notice of special district meetings for any school district under 
his jurisdiction when the offices of clerk and all trustees for 
such district are vacant. 

Failure to Notify all Voters. — If the failure to notify all 
voters of a district meeting can be shown to be wilful and fraudu- 
lent, the proceedings will be declared illegal upon appeal in proper 
form to the Commissioner of Education. If such omission of 
notice appears accidental or if the presence of the person failing 
to receive such notice would not change the result of the action 
of such meeting, or if such person attended the meeting, the 
proceedings will be declared legal. All matters of this character 
in dispute should be presented to the Commissioner of Education 
in the form of appeals. 

Powers of Special Meetings. — The only business which can 
be considered at a special meeting is that for which the meeting 



DISTRICT MEETINGS 79 

was called and which was designated in the notice of such 
meeting. 

The only purpose for which a special meeting in a union free- 
school district whose boundaries are the same as those of a 
city or an incorporated village are for the authorization of 
improvements to school property as provided in section 467 and 
the issuance of bonds therefor, or such other purpose as the 
charter or special act of a city or village may particularly specify. 

3. ANNUAL SCHOOL MEETINGS 

Notice in Common-School District. — The district clerk 
should give at least five days' notice of an annual meeting by 
posting notices thereof in at least five public places. A failure 
to give such notice would not invalidate the business transacted 
at an annual meeting, as the law fixes the date and all persons 
entitled to vote at such meetings should know when they are 
to be held, without receiving notice. 

Notice in Union Free-School District. — The clerk of a union 
free-school district who is the clerk of the Board of Education 
should give notice of the annual meeting by publishing the same 
in two newspapers in the district, weekly for four weeks im- 
mediately preceding the date of the annual meeting. If there 
are not two newspapers published in the district, then such 
notice should be printed in one paper. If no newspaper is pub- 
lished in such district, then such notice must be posted in at 
least twenty conspicuous places for at least twenty days before 
the time of such meeting. 

Date. — I. The annual school meeting of each common-school 
district must be held on the first Tuesday of May of each year. 

2. The date fixed by law for the annual meeting of a union 
free-school district whose boundaries do not correspond to those 
of an incorporated village or a city, is the first Tuesday of 
May also. 

In a union free-school district whose boundaries do coincide 
-with the limits of an incorporated village or a city no annual 



8o NEW YORK SCHOOL LAW 

meeting is held. The election of officers in such districts occurs 
at the charter election and the usual business of the district is 
transacted by the Board of Education. 

Hour. — Unless a previous annual meeting has fixed some other 
hour, the meeting should be held at 7 130 o'clock p. m. 

Place. — The annual meeting must be held in the school-house 
of the district unless otherwise voted by the district. If the dis- 
trict has two school-houses, the meeting should be held in the 
one generally used for that purpose. The trustees, however, may 
designate the other school building. A district may vote at an 
annual meeting or a special meeting called for that purpose, 
that future meetings shall be held at some other place than the 
school-house. If the district has no school-house, the meeting 
must be held at some place designated by the trustees. 

Failure to Hold Annual Meeting. — If the date of the annual 
meeting has passed and such meeting has not been held in a 
certain district, the trustee or clerk of such district should call 
a special meeting to transact the business of the annual meeting. 
If the trustees or clerk of such district should fail to call such 
special meeting within twenty days after the date fixed by law 
for holding the annual meeting, the district superintendent 
having jurisdiction over such district may order any resident 
of such school district to give notice that such meeting will 
he held. This notice must be given in the same manner as 
notices of special meetings. 

The district officers should make to such meeting the reports 
required to be made at annual meetings. A failure to make 
such reports subjects district officials to the same penalty that 
is imposed for a failure to report at annual meetings. Officers 
elected at such meeting are entitled to serve until the date 
of the next annual meeting or until their successors have been 
elected and have qualified. 

Notice of Adjourned Meeting, — When any meeting of a dis- 
trict has been adjourned for more than one month, the clerk 
of the district must post notices of the time and place of such 



DISTRICT MEETINGS 8r 

adjourned meeting in at least five of the most public places 
in such district and at least five days previous to the time ap- 
pointed for such meeting. 

Legislative Body of District. — The electors of a school dis- 
trict, when assembled in a meeting regularly convened, consti- 
tute the legislative body of such district and may transact any 
business relating to the school affairs of such district which is 
permissible by statute. As special meetings are called to transact 
special business, the annual meeting of a district is the one in 
which nearly all the business of a district is transacted. The 
more important matters coming before an annual meeting as 
provided by law are as follows : 

Powers and Duties of Annual Meetings: 

1. To select a presiding officer, to be known as chairman, 
and in the absence of the district clerk to select a clerk pro 
tempore. 

2. To elect district officers for the ensuing school year. 

3. To determine by majority vote by ayes and noes whether 
a district officer shall be chosen to be known as treasurer. 

4. To name the amount of the bond which the collector and 
the treasurer must give to the district for the faithful per- 
formance of the duties of their respective offices. 

5. To vote a tax upon the taxable property of the district 
to purchase, lease, or improve the school-house site or to enlarge 
the site already owned by the district. Also to vote a tax to 
hire or purchase rooms or buildings for school purposes and 
to keep them in repair. To vote a tax to build school-houses 
and to supply them with necessary furniture, fuel, etc. 

6. To vote a tax not to exceed $25 in any one year for the 
purchase of school apparatus, such as maps, globes, black- 
boards, etc., and for the purpose of supplying text-books and 
other school supplies for the use of the poor scholars of the 
district. 

7. To vote a tax for the establishment, maintenance, sup- 



S2 NEW YORK SCHOOL LAW 

port, and increase of a school library, and to purchase a book- 
case. 

8. To vote a tax to supply a deficiency caused by a failure 
to collect a former tax, also for the purpose of providing a 
record book for the district. 

9. When district officers have lost or embezzled any of the 
funds of a district, the annual meeting may vote a tax upon the 
district to replace such funds. 

10. The annual meeting may also vote a tax upon the dis- 
trict to meet the expenses incurred by the district officers in 
defending suits or appeals in the district's behalf and also in 
prosecuting suits or appeals in its behalf, when directed. 

11. The district may also vote a tax to pay teachers' wages 
as they become due, and to pay any judgment obtained from 
a competent court by a teacher for teacher's salaries. 

12. An annual meeting may direct the trustees of a district 
to insure in any insurance company created under the laws of 
this State, or authorized to do business in the State, the school 
buildings, furniture, apparatus, etc. 

Method of Voting. — All questions involving the expenditure 
of money or the levying of a tax upon a district must be by 
ballot, or by a vote of the ayes and noes, which must be properly 
recorded. 

REVIEW QUESTIONS 

Who appoints the first meeting in a new district? When? WhO' 
prepares the notice? What should the notice show? What is done 
with such notice? Who serves it? Who designates the person to serve it? 
Upon whom must such notice be served? How should such notice he- 
served? How should such notice be served upon persons who are absent 
from home? When must such notice be served? How should a return 
of service of notice be made? What should be done with such return? 
Why? What is the penalty for refusing to serve such notice? What 
powers does such meeting possess? If the time for holding such meeting 
has passed and the meeting has not been held, what should be done? 

Who usually calls special meetings? When may the district clerk? The 
district superintendent? Commissioner of Education? How many methods^ 
of calling special meetings are there? Describe each. What is the method 



REVIEW QUESTIONS 83 

of service of notice of such meeting? What notice is required in a 
union free-school district? Of the return of service of such notice? 
What is the penalty for refusing to serve such notice? What is the 
effect of a wilful failure to notify all qualified voters of such meetings? 
What if such failure were accidental ? What if the presence of those 
who were not notified would not change the result of the action of a 
meeting? How should disputes of this kind be settled? What business 
can be transacted at a special meeting? 

What notice of annual meetings must be given in a common- 
school district? In a union free-school district? Does a failure 
to give such notice invalidate a meeting? When does the annual 
meeting occur? At what hour? At what place? May it be 
held elsewhere ? When ? If the annual meeting is not held on the 
date fixed by law, what should be done? What business should be 
transacted at the meeting when called ? For what period do the ofificers 
elected at such meeting serve? What notice must be given of a meeting 
adjourned for more than one month? What is the legislative body 
of a school district? What power has an annual meeting in relation 
to selecting a chairman? A clerk pro tempore? District officers? 
District treasurer? What is the duty of a district meeting in relation 
to the bond of treasurer or collector? Name the various purposes for 
v/hich a district meeting may vote a tax? What direction should an 
annual meeting give trustees in relation to the insurance of property? 
How must a vote involving expenditure of money be taken? 



CHAPTER VIII 

VOTERS AT SCHOOL DISTRICT MEETINGS QUALIFICATIONS, CHAL- 
LENGES, ETC. 

[See Sections 203, 204 and 205] 

Note. — The qualifications of voters in union free-school dis- 
tricts are the same as those of voters in common-school districts. 
No distinction is made by law between the qualifications of voters 
in these two classes of districts or in the penalty for illegal vot- 
ing. Under the provisions of the Education Law, there are 
four classes of persons entitled to vote at school district meet- 
ings in this State. These classes are clearly defined in a circular 
letter issued by the Education Department, as follows : 

Who Are Voters. — Four classes of persons are entitled to vote at 
school district meetings. All voters must have the following general 
qualifications : 

General Qualifications 

1. A citizen of the United States. 

2. Twenty-one years of age at least. 

3. A resident within the district for a period of at least thirty days 
next preceding the meeting at which he or she offers to vote. 

Any person who possesses the above general qualifications and any one 
of the four special qualification is entitled to vote: 

Special Qualifications 

1. One who owns or hires, or is in the possession under a contract of 
purchase of real property in such district liable to taxation for school 
purposes. 

2. One who is the parent of a child of school age, provided such child 
shall have attended the district school in the district in which the meeting 
is held for a period of at least eight weeks within the school year pre- 
ceding such school meeting. 

3. One who, not being the parent, has permanently residing with him or 
her a child of school age who shall have attended the district school 



VOTERS AT SCHOOL DISTRICT MEETINGS 85 

for a period of at least eight weeks within the school year preceding 
such meeting. 

4. One who owns any personal property assessed on the last preceding 
assessment roll of the town exceeding fifty dollars in value, exclusive 
of such as is exempt from execution. 

Women possessing any of the above qualifications are entitled to vote. 

Both parents are entitled to vote when they have a child or children 
who attended school in the district eight weeks during the year preceding 
such meeting. 

But one such person, however, can vote where the right to vote 
depends upon their having children not their own residing with them, 
and that person must be the head of the family. 

Residence. — A person to become a resident of a school dis- 
trict must actually reside in such district for a period of at least 
thirty days immediately preceding any annual or special meeting 
held in such district. 

Challenge of Voter. — No person can take part in the trans- 
action of any business of a district meeting who is not a legal 
voter at such meeting. The right of any person to vote at a 
school district meeting cannot be questioned or challenged by 
any person except a duly qualified voter. When a person offering 
to vote at a district meeting is challenged by a qualified voter, 
the chairman of such meeting should require the person thus 
challenged to make the following declaration : " I do declare 
and affirm that I am and have been for the thirty days last past 
an actual resident of this school district and that I am qualified 
to vote at this meeting." Any person who shall make such 
declaration is entitled to vote upon all propositions which arise 
at such meeting. A person thus challenged who refuses to make 
such declaration should not be permitted to vote upon any ques- 
tion before the meeting. Neither the district meeting nor the 
officers of such meeting have authority to pass upon the qualifi- 
cations of any voter. Even if the officers of such meeting kno2V 
the declaration made by a person challenged to be false, they 
cannot refuse to accept his vote. The proper course to pursue 
is to accept such vote, and proceed against the offender as the 
law provides. 



86 NEW YORK SCHOOL LAW 

Penalty for Illegal Voting. — A person who has been chal- 
lenged at any school district meeting and who willfully makes 
a false declaration of his or her right to vote at such meeting, 
is guilty of a misdemeanor which is punishable by fine or im- 
prisonment or both. 

A person voting at any school district meeting who has not 
been challenged and who is not a qualified voter at such meet- 
ing, forfeits the sum of ten dollars, which should be sued for 
by the supervisor of the town for the benefit of the school 
district. 

Under the Penal Law a person not qualified who knowingly 
votes or offers to vote, or who makes a false declaration when 
challenged at any school district meeting is guilty of a mis- 
demeanor. 

Decisions of Edtrcation Department. — The State Superin- 
tendents of Public Instruction and the Commissioner of Educa- 
tion have established the following rulings, which govern ques- 
tions at the present time involving these points of law : 

1. An alien is not a legal voter at a school district meeting, 
although he may reside in the school district, own lands in the 
district, or have children of school age residing with him who 
attend school in the district. 

2. The proceedings of a school district meeting carried by 
illegal votes will be set aside on appeal to the Commissioner of 
Education. 

3. When the illegal votes cast at a school district meeting 
would not change the result of any of the proceedings of such 
district meeting, the proceedings will not be set aside. 

4. The chairman of a school district meeting is entitled to 
vote upon all questions coming before the meeting for determina- 
tion. 

5. The chairman of a school district meeting is not entitled 
to cast the deciding vote in case of a tie, if he has already voted 
on the question. 



REVIEW QUESTIONS 8/ 

6. A man is not entitled to vote on account of the qualifica- 
tions of his wife, nor is a woman entitled to vote upon the 
<jualifications of her husband. 

7. The law does not declare the amount of real estate which 
a person must own or rent to entitle such person to vote at a 
school district meeting. 

8. The residence of a person must be bona fide to entitle such 
person to vote at a district meeting. 

9. Prima facie, the place where a person lives is deemed his 
residence. 

ID. Where a person removes from one place to another with 
an intention of making the latter his permanent residence, that 
place immediately becomes his residence. 

II. No person can vote upon any proposition before a dis- 
trict meeting who is not a qualified voter. 

REVIEW QUESTIONS 

Is there a difference between the qualifications of voters in common- 
school districts and those of the voters in union free-school districts? 
Is there in the penaUy for illegal voting? Into how many classes may 
the voters of school district meetings be arranged? What are the qual- 
ifications of the first class? Second class? Third class? Fourth class? 
Can a person vote at a school district meeting if such person is not a 
resident of the district for which the meeting is held? State each of the 
four qualifications which a voter must possess. Can women possessing 
any of the four qualifications vote? Which of these four qualifications 
apply to married people? Which to single people? Who may vote on 
the qualifications of the second class, father or mother? Explain who are 
entitled to vote on the qualifications of the third class? What is a 
"" residence." 

Who may challenge the right of a person to vote at a district meeting? 
What declaration must a person challenged make? What is the effect 
of a challenged person's making such declaration ? A refusal to make such 
•declaration? Can the officers of a district meeting pass upon the qual- 
ifications of a voter? Even if the officers know that a false declaration 
lias been made, can they refuse to accept the vote of the person who made 
it? What course may be pursued in such case? What is the penalty for 
tnaking a false declaration regarding the right to vote? What is the 
penalty for illegal voting at a district meeting when the voter has not 
l)een called upon to make a declaration? 



88 NEW YORK SCHOOL LAW 

Can an alien vote at a school meeting if he possesses all other quali- 
fications of voters? What action may be taken upon any proceedings 
of a district meeting carried by illegal votes? If the illegal votes cast 
do not affect the result of any proceedings, what is the ruling of the 
Commissioner of Education? Upon what questions may a chairman of 
a meeting vote? Can a chairman cast a deciding vote in case of a tie 
if he has already voted on the question? May a man vote on qualifications 
possessed by his wife? May a woman vote on the qualifications of her 
husband ? 

Does the law fix the amount of the real estate a person must own or 
rent to qualify him to vote? Explain the rulings of the Commissioner 
of Education as given in numbers 8, 9, and 10 of this chapter. 



CHAPTER IX 

COMMON-SCHOOL DISTRICT OFFICERS 

[Article 8] 

Officers of Common-School Districts. — The officers of a 
common- school district are a trustee or trustees (as determined 
by the district), a clerk, a collector, a librarian, and a treasurer 
when the district has decided to elect such officer. 

TRUSTEE 

Eligibility. — To be eligible to the office of trustee a person 
must possess tzvo distinct qualifications. He must be a qualified 
voter of the district, and must also be able to read and write. 
A woman possessing these qualifications is eligible to hold the 
office of trustee. 

Prohibitions. — Trustees are prohibited from holding the office 
of district clerk, collector, treasurer, or librarian ; also from 
holding the office of district superintendent or supervisor. A 
trustee accepting any of these offices would upon the acceptance 
of such other office vacate the office of trustee. A person hold- 
ing the office of clerk, collector, treasurer, or librarian who should 
accept the office of trustee would also, upon the acceptance of 
the office of trustee, vacate such other office. 

Election. — The election of trustees must take place at the 
annual meeting in all districts. The election must be by ballot 
and the trustees must supply ballot-boxes for this purpose. The 
district meeting must by some method appoint two inspectors of 
election. This may be done by adopting a motion to instruct 
the chairman or clerk of the meeting to appoint such inspectors. 
A motion or resolution might be adopted naming two inspectors. 



^O NEW YORK SCHOOL LAW 

The district meeting might also pursue any other method ia 
selecting the inspectors. 

In all cases the election must be by ballot. Even if the name 
of but one person is presented to the district, the election of such 
person, to be legal, must be by ballot. The votes cast for trustee 
must be deposited in the ballot-box provided for that purpose. 
The inspectors should report the result of the vote to the chair- 
man, who should announce the result to the meeting, and the 
person receiving the majority of all votes cast is duly elected. 

In cases where the election was not by ballot, the Commis- 
sioner of Education has held, when such cases were duly pre- 
sented to him upon appeal, that such elections were void and 
has ordered that new elections be held in such districts. 

The ballots used in school district elections must be printed 
or written, or partly printed and partly written, and must con- 
tain the name of the person voted for and the title of the office. 
The names of all officers to be elected may be on one ballot, as 

TRUSTEE 

John Jones 

CLERK 

William H. Smith 

COLLECTOR 

George Brown 

The district clerk should keep a poll-list showing the names 
of all persons whose votes are received. 

Term of Office. — The term of office of a sole trustee is one 
year, and one year as defined by the school law means from 
August first to July thirty-first following. The full term of a 
joint trustee is three years. In districts having three trustees 
these officers are called joint trustees. The term of office of 
trustees chosen at the first meeting of a new district expires 
on the thirty-first day of July succeeding the date of such meet- 
ing and the date of the annual meeting. 



COMMON SCHOOL DISTRICT OFFICERS QI 

Number of Trustees in a Common-School District Deter- 
mined. — At the first annual meeting held after the formation of 
a new district, the electors of such district shall determine by 
resolution whether such district shall have one or three trus- 
tees. A majority of those present and voting shall decide the 
■question. If the district should decide to elect three trustees, 
the electors present at the meeting should proceed to elect three 
trustees for terms of one, two, and three years, respectively. 
The ballots cast for these trustees should designate for which 
term each is elected. At each succeeding annual meeting there- 
after, one trustee should be elected for three years to succeed 
the trustee whose term of office will expire at such time. Until 
further action is taken by a district at an annual meeting its 
decision to have three trustees or one, as the case may be, shall 
remain in force. 

Reduction of Number of Trustees. — In a district having 
three trustees, the electors of such district may, at any annual 
meeting, by resolution, decide to reduce the number of trustees 
of such district from three to one. The votes of a majority of 
those voting are sufficient to adopt such resolution. When a 
district decides to change to one trustee, no trustee should be 
elected for such district until the term of office of each trustee 
has expired, and thereafter at each annual meeting but one 
trustee should be elected, until different action is taken by 
some future annual meeting. 

Increase in Number of Trustees. — In a district having but 
one trustee, the electors may at any annual meeting, by resolu- 
tion, increase the number of trustees for such district from one 
to three. The vote necessary to adopt such resolution is twj- 
thirds of the legal voters present and voting at such annual 
meeting. Upon the adoption of a resolution to make such change 
in the number of trustees, the annual meeting should proceed 
to elect three trustees in the same manner as when the first 
annual meeting of a district decides to elect three trustees, and 
as described in this chapter. Thereafter, at each annual meeting. 



92 NEW YORK SCHOOL LAW 

but one trustee should be elected for a term of three years to 
succeed the trustee whose term of office expires at that time. 

Notification of Election. — It is the duty of the district clerk, 
or of the person who acts as clerk of the district meeting, to- 
notify in writing all persons elected to any office immediately 
after such election. 

Acceptance and Refusal of Office, — The presence of any- 
person at a district meeting which elects him to a district office, 
is deemed sufficient notice to him of his election. 

All persons elected to district offices ^re deemed to have ac- 
cepted such offices unless within five days after having received 
notice of such election they shall file with the district clerk a 
written refusal to accept. 

Failure to Elect Trustees at Annual Meeting. — If an annual 
meeting, or the meeting of a district which elects its officers on. 
the Wednesday following the annual meeting, should be held 
without electing trustees, it has been decided by the State De- 
partment that the trustees holding over are trustees for the 
ensuing year, as no vacancy exists which can be filled by election 
or appointment. 

Resignation. — i. A trustee may resign to a district meeting. 

2. He is also deemed to have resigned if he files a written 
resignation with the district superintendent and such superin- 
tendent indorses thereon his approval and files the same with 
the district clerk. 

Vacancy in Office. — The office of trustee may be vacated by 
death, by removal from the district, by incapacity, by refusal 
to serve, by resignation or by removal from office by the 
Commissioner of Education. 

A trustee who publicly declares that he will not accept or 
serve in the office, or who refuses to serve, or who neglects to 
attend three successive meetings of the board of trustees of 
which he has been duly notified, vacates his office by refusal 
to serve, unless he renders a good and valid excuse therefor 
to the other trustee or trustees. 



COMMON SCHOOL DISTRICT OFFICERS 93 

Removal from Office. — The only person authorized to remove 
a trustee from office is the Commissioner of Education. Such 
commissioner may remove a trustee for either of the following 
causes : 

1. The wilful violation or neglect of duty under the educa- 
tion law or any other act pertaining to common schools. 

2. The wilful disobedience of any decision, order, or regu- 
lation of the commissioner. 

All proceedings in cases of this kind must be brought before 
the Commissioner of Education by petition in the form of appeals 
asking for the removal of the trustee. 

Supplying Vacancy. — Whenever a vacancy occurs in the office 
of trustee it may be filled by a special meeting of the school 
district, duly called, in which the vacancy exists. If such 
vacancy is not filled by a special meeting within one month 
from the date on which it occurred, the district superintendent 
of the supervisory district in which the school district is located 
may appoint some eligible person to fill such vacancy. The 
person selected by a district meeting to fill such vacancy may 
serve for the balance of the unexpired term, but when appointed 
by a district superintendent such trustee may serve until the 
date of the next annual meeting of the district. 

Filing Appointment — Notice. — Whenever a district superin- 
tendent appoints a trustee to fill a vacancy, such appointment 
must be in writing and must be filed by the superintendent in 
the office of the district clerk. Upon receipt of such notice of 
appointment the district clerk should immediately serve a copy 
upon the person appointed. 

Penalty for Refusal to Serve or Neglect of Duty. — Any duly 
qualified person elected or appointed to the office of trustee, who 
refuses to accept the office, forfeits the sum of $5. 

Any duly qualified person elected or appointed to the office of 
trustee, who has not refused to accept but who neglects to per- 
form the duties of the office, forfeits $10. 



94 NEW YORK SCHOOL LAW 

Acceptance of Resignation. — Whenever the trustee of any 
district hies liis written resignation with the district superin- 
tendent having jurisdiction, and the district superintendent files 
such resignation and his acceptance thereof with the district 
clerk, the filing of such resignation and acceptance is a bar to 
the recovery of either penalty mentioned in the preceding para- 
graph. Neither can the penalty be recovered if such resigna- 
tion is made to, and accepted by, a district meeting. 

Board of Trustees. — The trustee or trustees of every school 
district are constituted a board of trustees and are, under the 
law, corporate bodies. This applies to district having one or 
three trustees, whichever the case may be. Whenever the term 
" board of trustees " is used in this work it may be applied 
to a district having a sole trustee as well as to those having 
more. 

Corporate Bodies. — As boards of trustees are corporate 
bodies under the law, it is necessary to have a clear idea of the 
meaning of that term. A corporate body consists of one or more 
natural persons, established by law, usually for some specific 
purpose, and continued by a succession of members. (Bouvier's 
Law Dictionary.) 

Hold Property as a Corporation. — Boards of trustees may 
hold as a corporation any property vested in or which may at 
any time be transferred to the trustee or trustees of a district 
for the use of such district. 

Powers of Sole Trustee. — A board consisting of a sole trus- 
tee has all the powers that a board of three trustees possesses. 
It is also subject to the same duties, liabilities, and penalties 
that are conferred or imposed by law upon a board of trustees 
or a majority of them. 

Action of Board, How Determined. — As the trustees of a 
district form a board, any business transacted by them must 
be at a: meeting of such board, duly convened. If two members 
of a board of three trustees attend a meeting of such board 
regularly called, and if the third member, having been notified. 



REVIEW QUESTIONS 95, 

fails to attend, any act, order, or decision agreed upon by such 
two members is as valid or binding as though such action had 
been agreed upon by all members of said board. If all three 
members of such board were present, and any two members 
thereof should agree upon any proposition before the board, 
the action taken would be valid and would be considered the 
action of the board. The minutes of the meeting shall recite 
the action or vote of each member, and such minutes, when 
showing that two members or a majority reached a conclusion 
upon any order, act, or motion, are proof of the action of 
such board. 

Meetings of Board. — A board may fix a time at which it will 
hold regular meetings, and any member of a board, by giving 
at least twenty-four hours' notice, may order a special meeting 
of such board. 

Trustees May Act When Vacancies Exist. — When there is 
one vacancy in the office of trustee in a district having three 
trustees, the remaining two trustees may exercise any powers 
vested in the board and are subject to all the duties and liabilities 
of three trustees. If two vacancies should exist on such board 
of trustees, the remaining member would be subject to the same 
duties and liabilities and could exercise the same powers as the 
three members, and as though such remaining trustee were a 
sole trustee. 

Special Meeting to Fill Vacancy. — Whenever a vacancy exists 
in a board of trustees, the remaining trustees should immediately 
call a special meeting of the district for the purpose of filling 
such vacancy. 

REVIEW QUESTIONS 

What are the officers of a common-school district? What two qualifi- 
cations must a person possess to be eligible to the office of trustee? 
What women are eligible to this office? What offices are trustees pro- 
hibited from holding? What would be the effect if a trustee should 
accept such office? When are trustees elected? How must such officers 
be voted for at school meetings? How are ballot-boxes supplied? How 
are inspectors of election chosen? Describe the process of voting for 



^6 NEW YORK SCHOOL LAW 

a trustee at a district meeting. How may an illegal election be set aside? 
What kind of ballots must be used? Who keeps the poll-list at a district 
election ? 

What is the term of office of a trustee? What is one year in this 
meaning? What is the term of a joint trustee? What is meant by 
a joint trustee? How is the number of trustees for a district determined? 
Describe the process of election where a district decides to elect three 
trustees? At elections thereafter, how many trustees are elected and for 
what period? Describe fully how a district having three trustees may 
change to one. From one to three. Who should notify a trustee of his 
-election? How? What is considered a notice of election? When are 
•officers deemed to have accepted? 

What is the ruling of the State Department in relation to trustees of 
■districts in which an annual election did not occur? In what ways 
may the office of trustee become vacated ? How may a trustee vacate 
his office by refusal to serve? Who may remove a trustee from office? 
For what reasons? How must such proceedings be brought? How 
may a vacancy in the office of trustee be filled by election? By appoint- 
ment? When a vacancy is filled by election, for what period is a trustee 
•chosen? For what period when appointed? How is the appointment 
by a district superintendent made? Where is it filed? What action must 
the district clerk take? 

What is the penalty for refusing to accept the office of trustee? What 
is the penalty in cases where trustees do not refuse to accept, but refuse 
or neglect to perform their duties? What is a bar to recovery of penalty 
in either case? Explain the application of the term "board of trustees." 
What is a corporate body? What power have boards of trustees to 
hold property? What power have sole trustees? Explain fully how 
the action of a board is determined. What should the minutes of 
meetings of a board show? When are regular meetings of a board held? 
When may special meetings be held? In case of a vacancy on a board 
of trustees, what powers do the remaining trustees possess? In case 
-of two vacancies, what power does the remaining trustee possess? When 
a vacancy on a board exists, what action should be immediately taken 
iy the remaining members? 



^ • CHAPTER X 

COMMON SCHOOL DISTRICT OFFICERS — (Continued) 

TRUSTEES, POWERS AND DUTIES 
[Article lo] 

The trustee of a school district is its most important officer. 
He is the executive officer of the district and has the general 
management of its affairs. He should execute such official 
acts as the law directs and should carry into effect instructions 
received at a district meeting, provided they do not conflict 
with the school law or with the authority vested in him by 
virtue of such law. The important powers and duties of trus- 
tees as defined by law are as follows : 

Special Meetings. — To call special meetings when circum- 
stances require it. 

Notice of Meetings. — When there is no clerk of the district, 
or when the clerk is absent, is unable to act, or refuses to act, 
the trustees may give notice of special, annual, or adjourned 
meetings. 

Tax-Lists and Warrant to Collector. — Whenever a district 
meeting has voted a tax, or whenever a tax is authorized by law, 
it is the duty of the trustees to make out a tax-list for such tax 
and annex thereto their warrant directed to the district collector, 
for the collection of the taxes included in such tax list. 

To Purchase or Lease School-houses, Sites, etc. — When 
directed by a district meeting, trustees may purchase or lease 
a site or sites for school buildings. They may also, when directed 
"by the district, build or purchase a school-house ©r school-houses. 
They may also hire rooms or buildings for school purposes. 

Fuel and Furniture. — Trustees should also furnish school- 
houses, rooms, or school buildings with necessary fuel, furniture. 



98 NEW YORK SCHOOL LAW 

school apparatus, heating apparatus, and appendages ; and they 
may pay the expense thereof when such expense is not more 
than $50 in any one year, without a vote of the district. The 
district may vote an additional amount for this purpose. 

Custody of Property. — Trustees are the custodians of the 
property belonging to the district; such as school-houses, sites,, 
and appurtenances thereto. 

Insurance of School Property. — To insure the school build- 
ings, furniture, apparatus, etc., in some company created under 
the laws of this State, or authorized to do business in this State 
and to raise the premium to pay for such insurance by a tax: 
upon the district. 

Insurance of Library. — It is also the duty of trustees to insure 
the school library in such a company in an amount fixed by the 
district and to raise the premium by a district tax. 

Employment of Teachers. — It is the duty of trustees to con- 
tract with all teachers employed in the district; to determine the 
number of teachers to be employed ; and to determine their com- 
pensation, term of service, etc. A district meeting cannot by 
resolution restrict the power of a trustee in this respect. A 
trustee cannot legally employ a teacher who is not qualified under 
the law. 

Removal of Teachers. — For reasons approved by the Com- 
missioner of Education the trustees of a district may dismiss 
a teacher. 

Rules and Course of Study. — It is the duty of trustees to 
establish courses of study, and rules for the government and 
discipline of the school. This must not be interpreted as meaning 
that trustees have the power to prescribe the method of impart- 
ing instruction, as this is a right vested solely in the teacher. 

Trustees are also required to make provision for teaching tht- 
efifects of alcoholic drinks, stimulants, and narcotics upon the 
human system. 

Payment of Teachers' Salaries. — Trustees may draw orders 
upon the supervisor of the town or upon the collector or treas- 



^ COMMON SCHOOL DISTRICT OFFICERS 99 

Tirer of the district for the payment of teachers' salaries from 
the pubHc money received from the State for that purpose. 
When this money is insufficient, trustees may raise the remainder 
by a tax upon the district. 

May Levy in Advance for Teachers' Salaries. — When there 
is no public money due a district or in the hands of district 
officers, and when no money has been raised by local taxation for 
the payment of teachers' salaries, and when a district meeting has 
not voted a tax therefor, the trustees may levy and collect, in 
advance, a tax sufficient to pay the salary of the teachers em- 
ployed for the then current school year. 

To Provide Water-Closets, etc. — It is the duty of a board of 
trustees to provide water-closets for their districts in the manner 
required by law, and it must keep them in a clean and whole- 
some condition. A failure to do this is sufficient cause to remove 
a trustee from office and to withhold from the district its share 
of public money. When a district is wholly unprovided with 
suitable outbuildings, trustees, upon direction from the district 
superintendent having jurisdiction, or froni the Commissioner 
of Education, may spend $50 in the erection of such buildings.. 

Repairs to School-houses, Staircases, etc. — It is the duty 
of trustees to keep all school buildings, furniture, and apparatus 
in proper repair and to make them reasonably comfortable for 
use. They may expend each year for this purpose, without a 
vote of the district, an amount not to exceed $50. 

Trustees are also required by law in all districts throughout 
the State, except the cities of New York and Brooklyn, to pro- 
vide stairways constructed on the outside of all school buildings 
that are more than two stories high, with suitable doors con- 
necting therewith from each story above the first. Trustees 
are directed to provide these stairways, without a vote of the 
district, at a reasonable cost, which shall be raised by tax as 
other taxes upon the district are raised. 
. May Abate Nuisances. — When they are so directed by the 



-lOO NEW YORK SCHOOL LAW 

district superintendent, it is the duty of trustees to abate any 
nuisance in or upon the school premises. 

Clean Rooms — Employ Janitors, etc. — Trustees should see 
that the school-room is always reasonably clean, and should 
provide pails, brooms, and other implements necessary for such 
purpose. It is also the duty of trustees to employ a janitor to 
build fires, sweep and otherwise clean the school-rooms, and to 
do the janitor work generally in and about the school-house. 
They may pay a reasonable compensation for such services with- 
out a vote of the district, and may raise such money by tax 
in the same manner as other district taxes are raised. 

Purchase of School Apparatus, Account Books, etc. — ^The 
trustees of a district may expend, without a vote of the district, 
for a dictionary, maps, globes, or other school apparatus, a sum 
not to exceed $25 in any one year. They may also provide 
blank-books in which to record their accounts and in which to 
make a record of all business transactions of the district. 

Trustees May Establish Temporary or Branch Schools. — 
Whenever it is established to the satisfaction of the trustees of 
a district that it is necessary to form a branch school in the dis- 
trict for the purpose of placing within the reach of a portion 
of the children of such district the school advantages to which 
all children are entitled, said trustee must establish such tempor- 
ary or branch school. If a portion of a district is so remote 
from the school-house that the children of such locality are 
unable in inclement or winter weather to attend the regular 
school, without suffering unreasonable inconvenience or hard- 
ship, it has been held by the Commissioner of Education that 
such a state of affairs is sufficient ground for creating a branch 
school. Or if the rooms of the school building are overcrowded 
and insufificient for the accommodation of all children of school 
age, it is a proper reason for establishing a temporary school. 

The trustees, under either of the above conditions, must hire 
and furnish suitable rooms in which to maintain such branch 
school, with proper accommodations, and all expenses incurred 



COMMON SCHOOL DISTRICT OFFICERS lOI 

are a charge upon the district. This power to establish a tempor- 
ary or branch school is vested in the trustees without a vote 
of the district; but in exercising this power they must use 
proper discretion and be warranted under the circumstances to 
establish such school. 

May Raise any Legal Teix. — When authorized by law or when 
directed by a vote of the district meeting to incur any expense 
for the district, trustees have the power and it is their duty to 
raise any such amount by tax in the same manner as if a specific 
sum had been voted by a district meeting. 

Use of School Building, — The trustees of a district or any 
one of them, when not forbidden by another, may permit the 
use of the school building, when it is not in use for school pur- 
poses, for the purpose of giving and receiving instruction in 
any branch of education or in the science and practice of music. 
If one trustee should object, the school-house could not be used 
for such purpose, even if the other trustees consented. 

The use of the school buildings for religious or other pur- 
poses is a different proposition. In cases of this kind it has 
been a ruling of the State Department, to which all State Super- 
intendents and the Commissioner of Education have adhered, 
that, where no objection is raised, the school-house may, in the 
discretion of the trustee or trustees, be used for such purposes ; 
but when any of the taxable inhabitants of a district object to 
the using of the school-house for religious services, Sunday- 
school, lodge or society meetings, etc., the trustee or trustees 
have not the authority to permit the school-house to be used for 
such purposes. Where a school-house is given for such use, 
upon appeal in due form to the Commissioner of Education, the 
trustees of such district will be restrained from permitting the 
school-house to be used for such purposes. 

Trustees Shall Keep Accounts. — Trustees are directed by 
law to procure a blank-book in which they shall keep a correct 
account of all moneys received or disbursed by them, and of 
all orders drawn upon the supervisor, collector, or treasurer. 



I02 NEW YORK SCHOOL LAW 

Trustees Must Make Annual Reports to District. — Trustees 
are required by law to make a written report to the annual 
meeting of the district. This report must cover all official busi- 
ness transacted by them during the year. It must show the 
amount of money the district received from the State, the amount 
of money raised by tax upon the district, and the amount re- 
ceived from all other sources. It must also contain a detailed 
statement of all money paid out, to whom paid, and the pur- 
poses for which it was paid. 

Trustees Must Make Annual Report to District Superin- 
tendent. — Trustees are required by law to make an annual 
report on the first day of August to the district superintendent 
in writing, and in the form prescribed by the Commissioner of 
Education. Blanks are provided for this purpose and the report 
must include such general statistics as the Commissioner of 
Education requires. If the district is a joint district, trustees 
must make a report for each of the counties in which the dis- 
trict is located. This report must be filed with the town clerk 
of the town in which the school-house is located. 

Trustees Must Pay Balance to Their Successors. — A trus- 
tee should pay immediately, upon the expiration of his term of 
office, to his successor all moneys in his hands belonging to the 
district. 

Refusal of Trustees to Render Account. — Any trustee who 
shall wilfully neglect or refuse to make an annual accounting, 
forfeits any unexpired part of his term of office and becomes 
liable to the trustees of the district for any money of the district 
in his possession. It is the duty of the trustees to sue such former 
trustee for such moneys, and when it is recovered to apply it 
for the use of the district. 

Certain Acts of Trustees Misdemeanors. — ^Any trustee or 
trustees who shall give an order upon the supervisor of their 
town, or the collector or treasurer of their district, for payment 
of teachers' salaries when there is not sufficient money applicable 
thereto in the hands of such officers is guilty of a misdemeanor. 



REVIEW QUESTIONS I03 

A trustee who appropriates public money for the payment of 
the salary of a teacher who is not legally qualified is also guilty 
of a misdemeanor. 

Moneys a Trustee May Receive. — A trustee has no authority 
to receive or hold any of the public money apportioned to his 
■district by the State, nor to receive or hold any of the money 
raised by local tax upon the district. This money must be re- 
ceived and held by the officers designated by law for that pur- 
pose, and paid by them upon the orders of the trustees. A 
trustee may receive money from the sale of real or personal 
property of the district, from insurance due the district, from 
tonds of the district issued and sold by him, from tuition fees, 
and from other sources. When a district has a treasurer who 
has given sufficient bond, all such moneys received by the trustee 
should be immediately paid over to the treasurer. 

Liabilities of Trustees. — Trustees are responsible to their dis- 
tricts for any loss which the district sustains through their care- 
lessness or neglect. 

Interest in Contracts Prohibited. — A trustee should not be 
personally interested in any contract which he makes in behalf 
■of the district. 

REVIEW QUESTIONS 

Who is the most important officer of a school district? Why? What 
acts should he execute? What is his duty in relation to special meetings? 
When may trustees give notice of school-district meetings? What is 
the duty of the trustees in relation to tax lists and warrants to collectors? 
When may trustees purchase or lease a site? When may they purchase 
or build a school-house? What amount may they expend for fuel, 
heating apparatus, school apparatus, furniture, etc., without a vote of the 
district? Who is the custodian of school property? What is the duty 
of trustees in relation to insuring property? What is the duty of 
trustees in regard to insuring libraries? What is the duty of trustees 
in relation to employing teachers ? When may a trustee remove a teacher ? 
Who may establish rules for the discipline and government of a school? 
Who can determine how such rules shall be enforced? Whose duty is 
it to provide courses of study for schools? By what orders may trustees 
pay teachers? When may trustees levy a tax in advance for teachers' 
salaries ? For what period in advance may the salary of teachers be raised 



I04 NEW YORK SCHOOL LAW 

by tax? May a trustee raise such money without a vote of the district?" 
When should trustees divide the pubHc money in portions? How should 
such portions be applied? 

What is the duty of trustees in relation to the erection and care 
of water-closets? What is the penalty for a failure or refusal to comply 
with this provision? What amount may be expended by trustees in 
erecting such buildings? Who should keep school buildings in repair? 
What amount may be expended without vote of the district? What 
is the requirement in relation to staircases for school buildings? When 
should trustees abate nuisances? What is the duty of trustees in relatioa 
to cleaning rooms and employing janitors? What amount may trustees 
expend for a dictionary, maps, globes, or other school apparatus? When 
may trustees establish temporary or branch schools? For what purposes 
may trustees permit the use of school buildings? What is the rule 
relative to the use of school buildings for religious or similar purposes? 

What record of accounts must trustees keep? To whom must trustees 
make reports? What must these report show? With whom must the 
report to a district superintendent be filed? What should trustees do 
with district funds in their possession upon the expiration of their term 
of office? What is the penalty for a refusal of a trustee to render 
an account as required by law? What acts of trustees are misdemeanors? 
What moneys has a trustee no right to receive? What money may a 
trustee receive? What should he do with such money? For what are 
trustees responsible to their district? What prohibition does the law make 
as to contracts? 



CHAPTER XI 
\ COMMON-SCHOOL DISTRICT OFFICERS — {Continued) 

CLERK, COLLECTOR, TREASURER, LIBRARIAN 

General Provisions 
[Articles 8 and 9] 

Eligibility. — To be eligible to hold the office of clerk, collector, 
or treasurer of any common-school district a person must be 
a resident of the district and qualified to vote at its meetings 
and must also be able to read and write. Women pos- 
sessing the above qualifications are eligible to these offices the 
same as men. These officers are prohibited from holding the 
office of trustee. If a person holding one of the above offices 
should accept the office of trustee, he would vacate the office 
held at the time he accepted the office of trustee. 

Term of Office. — The term of office of clerk, collector, or 
treasurer is one year, and in a new district the term of office of 
these officers elected at the first meeting expires on the thirty-first 
day of July succeeding the date of such meeting and the date 
of the annual meeting. 

Election. — These officers must be elected by ballot at the 
annual meeting in the same manner that trustees are elected, and 
that is described fully in the chapter on trustees under the head- 
ing " Election." 

Notice of Election. — If any person elected to the office of 
clerk, collector, or treasurer should be present at the meeting at 
which such election occurred, his presence at such meeting is 
considered sufficient notice of his election. The clerk of the dis- 
trict, or the person acting as clerk, should immediately notify in 
•writing the persons elected to these offices, of their election, and 



Io6 NEW YORK SCHOOL LAW 

unless a written refusal to serve is filed by such persons within 
iive days from the date on which they received notice of such 
election, they are deemed to have accepted the office to which 
they were elected. 

Penalty for Refusing to Serve. — Any qualified person elected 
or appointed to the office of clerk, collector, or treasurer, who 
files a refusal to serve, forfeits $5 ; and any such person elected 
or appointed to any such offices, who does not file a refusal to 
serve, but who neglects or refuses to perform the duties of the 
office to which he was chosen, forfeits $10 and vacates the office. 

Bar to Recovery of Penalty. — Whenever a person elected to 
the office of clerk, collector, or treasurer shall file with the dis- 
trict superintendent having jurisdiction his resignation of such 
■office and the district superintendent shall accept it and shall file 
such resignation and his acceptance thereof with the district 
clerk, such action is a bar to the recovery of any penalty for 
refusal to serve. 

Vacancies. — i. A collector or treasurer vacates his office by 
not executing, as required by law, a bond to the trustees, and 
where these offices become vacant for this or any other cause, 
•or where there is a vacancy in the office of district clerk, such 
vacancies may be supplied by appointment by the trustees of the 
district. The persons appointed to fill these vacancies may serve 
in such offices until the next annual meeting of the district and 
until other officers are elected and assume their duties. 

2. Such officers may resign at a district meeting. They may 
also file a resignation with the district superintendent. If such 
officer approves the same in writing and files the resignation and 
his approval with the district clerk the officer is deemed to have 
resigned. 

Filing and Notice of Appointment. — Whenever an appoint- 
ment to fill a vacancy in the office of the clerk, collector, or treas- 
xirer is made by the trustees of a district, such trustees should 
immediately file such appointment with the district clerk, who 



COMMON SCHOOL DISTRICT OFFICERS I07 

■should immediately notify the person appointed of his appoint- 
ment. 

Removal from Office. — For sufficient reasons the Commis- 
sioner of Education may remove a clerk, collector, or treasurer 
from office. The proceedings are the same as in the removal of 
a trustee. 

CLERK 

Duties. — I. The clerk should keep a correct record of the 
proceedings of all district meetings, and record in a book pro- 
vided for that purpose by the district a copy of all reports of the 
trustees to the district superintendent. 

2. He should give notice as required by law^ of all special 
meetings called by the trustee, and give notice also of the annual 
meeting. When the office of trustee is vacant, it is the duty of 
the clerk to call special meetings. He should also give notice of 
adjourned meetings as required by law. 

3. He should immediately, upon the election or appointment 
of any district officer, notify such officer of his election or ap- 
pointment, and should also report the names and addresses of 
such officers to the town clerk of the town in which the school- 
house of the district for which such officers are chosen, is located. 
For a failure to file such notice, a penalty of $5 may be imposed 
for each and every such neglect. 

4. He should notify trustees of every resignation filed by the 
district superintendent. 

5. He is required to preserve all records, books, and papers 
belonging to his office and to deliver them to his successor in 
office. For a refusal or neglect to do this he is subject to a fine 
of $50 for the benefit of the district, which fine is to be recovered 
by the trustee. 

6. Whenever a school district is dissolved he should deposit 
the records, books, and papers of such district in the town clerk's 
office, as required by the order of the district superintendent. 

7. When required to do so by the board of trustees, he should 



Io8 NEW YORK SCHOOL LAW 

attend their meetings and keep a record of the proceedings of 
such meetings in a book provided for that purpose. 

8. He is also required by law to keep all books and papers 
of the district that are in his possession open to the inspection 
at all reasonable hours of any qualified voter in the district, and 
to permit such voter to make copies of any such papers or 
records. 

COLLECTOR 

Bond. — Before receiving a warrant for the collection of taxes, 
a collector should execute and deliver to the trustees a bond 
with one or more sureties and in a sum fixed by the district, or 
when the district fails to fix an amount, in such sum as the trus- 
tees shall name. The trustees upon approving such bond should 
file it with the town clerk of the town in which the district is 
located. 

*Duties. — It is the duty of the collector to collect the taxes 
included in any tax-list for the district when directed to do so 
in the warrant of the trustees of the district; if the district has 
a qualified treasurer, to pay the taxes collected to such treasurer, 
and if the district has no treasurer, to disburse the money col- 
lected, upon the order of the trustee of the district. 

The trustees of any district, which has not a treasurer, may 
direct that the collector of such district shall disburse the school 
moneys apportioned to the district by the State for the payment 
of teachers. 

After a collector executes a bond to the trustees, with two or 
more sureties approved by them for double the amount of the 
sum last apportioned to the district, such collector may receive 
from the supervisor of the town the moneys in his hands be- 
longing to the district and applicable to the payment of the sala- 
ries of teachers. The collector should then disburse such money 



* The warrant of trustees, return of collector, and all matters per- 
taining to the collection of taxes is treated fully in the chapter on 
" School-District Taxes." 



COMMON SCHOOL DISTRICT OFFICERS 109 

upon the order of the trustees. The bond should be approved by 
the trustees and filed in the office of the town clerk. 

Penalty for Neglect of Duty. — ^^A collector is responsible to 
the district for any loss it meets through his negligence in failing 
to collect any tax which might have been collected within the 
limit prescribed by the warrant. 

Fee. — A collector is entitled to a fee of one per cent on all 
moneys voluntarily paid to him within thirty days from the date 
on which he gives notice that a tax-list has been issued, and on 
all moneys paid after that time he is entitled to five per cent. 
(See section 426.) 

TREASURER 

Determination of District to Elect Treasurer. — The qualified 
voters of a district may decide by a majority vote at any annual 
meeting, or at a special meeting called for that purpose, to elect 
a treasurer of the district. Upon such determination, the district 
meeting may proceed to elect by ballot a treasurer, who may hold 
such office until the next annual meeting or until a successor is 
chosen and has qualified. 

Treasurer's Bond. — Within ten days after his notice of elec- 
tion, the treasurer should execute and deliver to the trustees of 
the district a bond in the sum fixed by the annual meeting or 
such sum as the trustees require, which should be at least double 
the amount of money such treasurer will receive, with at least 
two sureties approved by the trustees. When the bond is prop- 
erly executed and approved by the trustees in writing, it should 
be filed with the district clerk. 

Duties of Treasurer. — The treasurer is the custodian of all 
moneys belonging to the district. 

After the treasurer has qualified by executing his bond, the 
trustees should pay to such treasurer all moneys of the district 
in their possession derived from any source whatever. 

The collector of the district should pay over to the treasurer 



no NEW YORK SCHOOL LAW 

all moneys collected by him under any tax-list and warrant issued 
by the trustees. 

The treasurer is also authorized to receive and has power to 
demand and receive from the supervisor of the town in which 
his school district is located, all money in such supervisor's hands 
and belonging to such district. 

The treasurer is to disburse the money held by him and belong- 
ing to the district, upon the order of the trustees of the district. 

The treasurer must also report to the trustees, when they re- 
quire it, the condition of the treasury, and must also make a 
detailed report at the annual meeting covering all business trans- 
acted by him for the district during the year. 

LIBRARIAN 

The subject of librarian is treated fully in the chapter on 
" School District Libraries." 



REVIEW QUESTIONS 

Who is eligible to the office of district clerk? Collector? Treasurer? 
Are women eligible to these offices? What office are these officers pro- 
hibited from holding? What would be the effect if a person holding 
one of these offices should accept the office of trustee? What is the 
term of office of each of these officers? What is the term when elected 
at the first meeting of a new district? When are these officers elected? 
How must these officers be elected? Who should notify these officers 
of their election? What will be considered a notice of election? 

What must these officers do if they do not desire to accept? What is 
the penalty for refusing to serve in either of these offices? What is 
the penalty for neglecting or refusing to serve in either of those offices 
without filing a refusal to serve? What is a bar to the recovery of a 
penalty in either of these cases? What is the result of a failure of the 
collector or treasurer to execute a bond as required by law? How may 
a vacancy in the office of district clerk, collector, or treasurer be filled? 
For how long does a person appointed to fill a vacancy in any of these 
offices serve? When an appointment is made by a trustee, what should 
be done with such appointment? How may these officers be removed 
from office? What is the duty of a district clerk in relation to pro- 
ceedings of district meetings? In relation to notice of meetings? 
Notification of election or appointment of officers? Reporting list of 



REVIEW QUESTIONS III 

officers to district superintendent? What is the penahy for a failure to 
file such report? Whom should he notify of the resignation of school- 
district officers? What is his duty in relation to the books, papers, and 
records of the district? What is the penalty for a failure to do this? 
What is his duty in relation to the records of dissolved districts? In 
relation to proceedings of meetings of tike board of trustees? In relation 
to inspection of district records? 

What must the collector do before he can enter upon the discharge 
of his duties? How many sureties must be given to his bond? In 
what amount? Who should approve such bond? Where should it be 
filed? What is the collector's duty in relation to taxes? What should 
a collector do with the money collected? What district may direct that 
the collector shall disburse the school money received from the State 
for teachers' wages? When may a collector receive from a supervisor 
the money due his district? For what is a collector responsible to 
the district? To what fee is he entitled? How may a district determine 
to have a treasurer? What bond must a treasurer give? In what 
amount? What is done with such bond? What is the general duty 
of this officer? From what three sources may he receive money for 
the aistrict? How should he disburse the money of the district? What 
reports must he make? 



CHAPTER XII 

UNION FREE-SCHOOL DISTRICT OFFICERS 

[Articles 9, 10 and 11] 

TRUSTEE 

Number. — The number of trustees in each union free-school 
district cannot be less than three, nor more than nine. The voters 
of the district at the meeting at which the first election occurs 
should decide on the number of trustees to be elected. 

Date of Election. — The election of trustees, after the first 
election, of a union free-school district whose boundaries do not 
coincide with tliose of an incorporated village or a city, must 
occur at the annual meeting of such district, which takes place 
•on the first Tuesday in May in each year, except in districts hav- 
ing over 300 children of school age, when the election may be 
held as hereinafter stated. 

The election of trustees in a union free-school district zvhose 
boundaries do coincide tenth those of an incorporated village or 
a city, must occur on the date of the annual charter election of 
such incorporated village or city. The trustees in these districts 
should be elected in the same manner as the other officers of 
5uch incorporated village or city are elected. The ballots used 
in such election mvist be separated from the ballots for the other 
■officers to be chosen at such election and must be endorsed 
" School Trustees." 

Method of Election. — These officers must be chosen by ballot. 
The ballots may be printed or written or partly printed and partly 
written. Ballot-boxes should be provided for the purpose. In- 
spectors should be chosen by the meeting, who should receive 
all the ballots, deposit them in the ballot-boxes, and, after the 



UNION FREE-SCHOOL DISTRICT OFFICERS I13 

polls have closed, canvass the votes and announce the result. The 
candidate receiving a majority of all votes cast is duly elected. 

Classification of Trustees. — When a union free-school district 
is organized, the officers chosen at the first election shall be 
divided into three classes to be known as the first, the second, 
and the third class. The first class shall hold office for one year 
from the next annual meeting, if the district is one whose boun- 
daries do not coincide with those of an incorporated village or a 
city; and if the district is one whose boundaries do so coincide, 
then such first class shall hold office for one year from the date 
on which the next annual charter election of such incorporated 
village or city occurs. The second and the third class shall like- 
wise hold office for two and three years respectively from these 
dates, according to the boundaries of the district. 

Term of Office. — After the expiration of the term of office 
of trustees elected at the first meeting of a union free-school dis- 
trict newly organized, the term of office of trustees of such dis- 
trict is three years from the date of their election. A year in 
this sense means from the first day of August to the thirty-first 
•day of July following. 

Trustees Form a Board of Education. — The trustees of union 
free-school districts constitute the boards of education for those 
districts. The board of education of a district is known and 

designated as the " Board of Education of district number 

of the town of " 

Eligibility of Trustees. — In order to be eligible to hold the 
office of trustee, or to become a member of a board of education 
in a union free-school district, a person must be a citizen of the 
United States, and a voter of the district in which such person 
is elected, and must also be able to read and write. Women 
possessing these qualifications are eligible the same as men. Not 
more than one member of a family can serve on a board of edu- 
.cation in any district at the same time. 

A district superintendent or supervisor is not eligible to be a 
member of a board of education. Hence, if a member of a board 



114 NEW YORK SCHOOL LAW 

of education should accept either of these offices he would thus 
vacate his office as such member. 

Vacancies — How Filled, etc. — Vacancies in boards of educa- 
tion in any union free-school district may occur by death, by 
resignation, by refusal to serve, by removal from district, or by 
removal from office. When a vacancy does occur from any of 
these causes, the board of education should fill such vacancy at 
once by appointment. If the board of education should fail to 
fill such vacancy within thirty days from the date on which it 
occurred and if such vacancy is not filled by special election of 
the district within that time, the district superintendent having 
jurisdiction may appoint a qualified person to fill such vacancy. 
The Commissioner of Education has the authority to order a 
special election to fill a vacancy in a board in any district, and 
when such special election has been ordered, the vacancy shall 
not be supplied in any other manner. 

Removal from Office. — A board of education has the author- 
ity to remove any member of the board for official misconduct. 
The member charged with such conduct should be furnished with 
a written copy of specific charges, at least ten days before the 
date fixed for the hearing. The accused member should also be 
allowed a fair and impartial opportunity to refute the charges 
preferred against him. 

A member of a board of education may also be removed by 
the Commissioner of Education for sufficient cause. 

In this procedure also, the accused member must receive notice 
of the charges standing against him and must have a fair chance 
to refute or disprove them. A willful failure to perform any 
duty required of him by the Commissioner of Education or a 
lack of proper diligence in obeying an order of such Commis- 
sioner, or any other willful violation or neglect of duty is suffi- 
cient cause for removal from office by such Commissioner. 

Boards Bodies Corporate. — All boards of education are cor- 
porate bodies, and all school districts municipal corporations. 

Annual Meetings of Boards of Education. — The annual meet- 



UNION FREE-SCHOOL DISTRICT OFFICERS 115 

ing of a board of education of a union free-school district whose 
boundaries do not correspond to those of an incorporated village 
or a city, is held on the first Tuesday in August of each year. 

But the annual meeting of a board of education of a district 
whose boundaries correspond to those of an incorporated village 
or a city is held on the first Tuesday following the date on which 
the annual charter election of such village or city is held. 

Boards Select Their President. — At the first meeting of a 
board of education and at each annual meeting thereafter, such 
board shall elect one of their number president. 

Appointment of Clerk of the Board. — The board of educa- 
tion of a district whose boundaries do not coincide with those 
of an incorporated village or a city may appoint one of their 
number, or some other qualified voter of the district, who is not 
a teacher employed therein, clerk of the board of education. 
The clerk must perform the clerical work of the district and 
of the board, and is entitled to the compensation fixed by the 
district meeting. If the district meeting fails to fix the com- 
pensation of the clerk, the board of education should fix it. 

If a vacancy occurs in the office of clerk, such vacancy may 
be supplied by appointment by the board of education. 

In a union free-school district whose boundaries coincide with 
those of an incorporated village or a city, the clerk of such 
village or city usually acts as clerk of the board of education. 

Appointment of Treasurer and Collector. — The board of 
education of a union free-school district whose boundaries do 
not correspond to those of an incorporated village or a city, has 
authority to appoint a district treasurer and a collector. These 
officers hold their appointments subject to the pleasure of the 
board. The treasurer is to hold and disburse upon the orders 
of the board the moneys of the district. The collector should 
collect the taxes on all tax-lists placed in his hands for that 
purpose and pay over such money to the treasurer. 



Il6 NEW YORK SCHOOL LAW 

In a district whose boundaries do coincide with those of an 
incorporated village or a city, the treasurer and the collector 
of such village or city act as the treasurer and the collector of 
such district. 

Bonds of Treasurer and Collector. — The treasurer and the 
collector shall each within ten days after written notice of their 
appointment, and before entering upon the discharge of their 
duties, execute and deliver to the board of education in the 
amount which they may require, a bond with proper penalties 
and sureties for the faithful discharge of their duties. 

Failure to Execute Bonds. — If either the treasurer or the 
collector should fail to execute the required bond within the 
specified time, the office becomes vacant and the board should 
fill it by appointing another person. 

Librarian. — Boards of education have authority to appoint 
from time to time such librarians as in their judgment are neces- 
sary to take proper care of the libraries of the district. 

Who May Vote for Officers in Union Free-School Districts. 
— Where no provision is made by special enactment, the general 
law defines the qualifications of voters at union free-school dis- 
trict meetings. (See chapter on " Qualifications of voters.") 
Persons coming within these provisions may vote for officers 
at elections in these districts. 

The right of zvomen to vote for the election of officers in a 
union free-school district whose boundaries coincide with those 
of an incorporated village or a city, is frequently claimed. The 
charters of cities or villages, or the special school acts govern- 
ing the schools therein, in some cases contain a provision defining 
who may vote for members of the board of education. In such 
cases this special provision governs instead of the general law, 
and by it women might be debarred from voting. A provision 
that persons entitled to vote for members of assembly in such 
cities or villages would be qualified to vote for school officers, 
would exclude women ; but in the absence of any such special 



UNION FREE-SCHOOL DISTRICT OFFICERS II 7 

provision women, as well as men, may vote for school officers, 
if they possess the requisite qualifications. 

Changing Number of Trustees. — i. If fifteen resident tax- 
payers of a union free-school district whose limits correspond to 
those of an incorporated village or city petition their board of 
education for a special meeting to decide to change the number 
of members of such board such special meeting must be called 
at least 30 days prior to the annual charter election. If the 
proposition to increase the number of members is adopted, such 
additional members shall be elected at the next annual election. 
If the proposition to decrease the number should be adopted no 
member shall thereafter be elected until the number of members 
is less than the number determined upon at such special meeting. 

2. In a union free-school district whose boundaries are not 
coincident with those of an incorporated village or a city the 
board of education must include in its notice of the annual 
meeting a statement that the proposition to increase or to decrease 
the number of trustees will be voted upon at such annual meet- 
ing if fifteen voters of the district file a request therefor with 
such board. If the board fails or refuses to give such notice, 
it may be given in the manner directed by the Commissioner of 
Education. The question can not be legally voted upon unless 
the notice is given. 

If it is decided at the annual meeting to increase the number 
of trustees, the meeting should elect the additional number agreed 
upon and divide such number into classes whose terms expire 
in one, two and three years respectively. 

If it is decided to decrease the number of such trustees no 
trustee shall be elected until the number is reduced to that deter- 
mined upon at the annual meeting. 

ELECTION OF OFFICERS IN DISTRICTS HAVING MORE THAN 3OO 

CHILDREN 

Action of District, — In a union free-school district having 
more than 300 children of school age, which fact must be shown 



Il8 NEW YORK SCHOOL LAW 

t 

by the last annual report of the board of education to the district 
superintendent, a majority of the qualified voters at any annual 
meeting or at a special meeting called for that purpose, may 
decide that the election of trustees shall be held on the Wednes- 
day next following the date fixed by law for holding the annual 
meeting of such district. Until such decision of the district 
shall be changed, the time for holding the election of officers of 
such district shall occur on such Wednesday, between the hours 
of twelve o'clock noon and four o'clock p. m., and the trustees 
may by a resolution extend the time of such election until sunset. 

When Notice is Required. — When the holding of such elec- 
tion is to be at some place other than the public school-house, 
thS trustees shall give notice of the place at which the election 
is to be held, at least one week before the time for holding such 
election. This notice must be given by publishing the same in 
some newspaper of the district or by posting it in three con- 
spicuous places in the district. 

The election of members of the board of education in these 
districts must not be confounded with the annual meeting. The 
annual meeting of such districts must occur on the first Tuesday 
in May in each year, as required by law. All the business of 
the district to be transacted at the meeting of such district must 
be transacted at the annual meeting. The election of members 
of the board of education only, must occur on the Wednesday 
follozving the ajinual meeting and no other business can be trans- 
acted at that time. 

Inspectors of Election. — The board of education shall act as 
inspectors of election. If a majority of the members of the 
board should not be present at the time the polls should open, 
those members present may appoint any of the legal voters of 
the district who are present to act as inspectors in the absence 
of the members of the board. If none of the members of the 
board are present at the time the polls should open, the legal 
voters present may choose three of their own number to act 
as inspectors. 



UNION FREE-SCHOOL DISTRICT OFFICERS II 9 

Record of Voters. — The clerk of the board of education is 
required by law to keep a record in a book provided for that 
purpose of the names of all voters who deposit their ballots at 
such elections. 

Refusal to Keep Record. — Any such clerk who shall refuse 
to keep such record or who shall neglect to perform his duties 
in this respect shall forfeit a sum of twenty-five dollars, to be 
sued for by the supervisor of the town. 

Challenge of Voters. — Any qualified voter at such elections 
may challenge the i"ight of any person to vote whom he has reason 
to think is not entitled to vote at such election. Any person 
thus challenged must make the following declaration before his 
ballot can be accepted : "I do declare and affirm that I am and 
have been for thirty days last past an actual resident of this 
school district and that I am legally qualified to vote at this 
election." 

Upon a challenged party's making such declaration, the in- 
spectors of election must accept his ballot. 

Penalty for Illegal Voting. — Any person, who, being chal- 
lenged, shall willfully make a false declaration of his right to 
vote, is guilty of a misdemeanor. Any person not legally qualified 
who shall vote at such election or district meeting, without being 
challenged, shall forfeit the sum of ten dollars, to be sued for 
by the supervisor of the town for the benefit of the school or 
schools of the district. 

Ballot-Boxes. — The board of education should provide at the 
expense of the district suitable ballot-boxes, in which the ballots 
of voters shall be deposited. 

Ballots. — These officers must be elected by ballot. The ballots 
used must be either printed or written, or partly printed and 
partly written. 

Canvass of Votes. — The inspectors shall count the votes cast, 
after the polls have closed. If the number of ballots exceeds 
the number of names on the poll-list kept by the clerk, the 
inspectors shall withdraw ballots enough to make them corre- 



I20 NEW YORK SCHOOL LAW 

spond. The inspectors shall then count the votes and announce 
the number cast for each candidate. Those receiving a plurality 
of the votes cast, are elected to the various offices for which they 
received votes. The clerk should make a record of the result 
announced by the inspectors. 

Special Election. — Whenever the time passes on which an 
election should be held, without the election's taking place, the 
board of education may call a special meeting for such election. 
If the board fails to call such election within twenty days after 
such time has passed, the district superintendent having jurisdic- 
tion, or the Commissioner of Education, may order any inhabi- 
tant of the district to give notice of a special meeting for such 
election. This notice must be given by being published in two 
newspapers of the district once each week for four weeks, and 
if two newspapers are not published in the district, but one is, 
the notice may be published in such paper. If no paper is pub- 
lished in the district, then such notice must be posted in at least 
twenty of the most public places in the district at least twenty 
days prior to the date on which the meeting is to be held. 

Terms of Officers Chosen at Special Election, — The officers 
chosen at a special election shall serve three years from the date 
of such election and until their successors shall have been elected 
and qualified. 

Settlement of Election Disputes. — All disputes relating to 
the regularity of these elections and to any acts of the inspectors 
or clerk should be referred to the Commissioner of Education 
for settlement. His decision in such matters is final. 

Limitation of These Provisions. — These provisions do not 
apply to union free-school districts in cities, nor to any union 
free-school district whose boundaries coincide with those of an 
incorporated village. Nor can such provisions apply to any 
union free-school district organized by a special act in which 
the time and method of electing officers in such district shall be 
fixed by a special provision which differs from the general law. 
Nor do these provisions apply to any of the union free-school 



REVIEW QUESTIONS 121 

districts of the counties of Suffolk, Chenango, Warren, Erie, 
and St. Lawrence. The election of officers in any union free- 
school district of any of these counties, whose boundaries do 
not coincide with those of an incorporated village or a city, 
must be held on the first Tuesday in May, the date of the annual 
meeting. 

REVIEW QUESTIONS 

How many trustees in a union free-school district? How is the number 
determined? When does the election of trustees in union free-school 
districts whose boundaries do not coincide with the boundaries of an 
incorporated village or a city occur? When in districts whose boundaries 
do thus coincide? In the latter case how are such trustees elected? 
What is the requirement relative to ballots? In all cases how must 
trustees be chosen? What kind of ballots must be used? How are 
inspectors chosen at such election? What are their duties? How should 
the first trustee of a union free-school district be classified? For what 
period does each class hold office? What is the regular term of office? 
What is one year in this meaning? 

What constitutes a board of education ? How is a board of education 
named? Who are eligible to membership on a board of education? Are 
women eligible ? When ? How many members of a family may serve 
on the same board? Is a school commissioner eligible? A supervisor? 
If a member of a board of education should accept either of these 
offices, what would be the result? How may vacancies on a board 
occur? When a vacancy does occur how should it be filled? Who 
may order a special election to fill such vacancy? If it is not filled by the 
board of education within twenty days and if a special meeting is not 
called within that time, how may such vacancy be filled? 

For what reasons may a board remove any of its members? What 
are the proceedings in such cases? What privileges should be allowed the 
accused member? By what other authority may a member of a board 
be removed ? What are considered sufficient causes for removal ? What 
are the proceedings in such cases? When is the annual meeting of a 
board of education held? How is the president of a board of education 
chosen? When? 

How is a clerk chosen? What are the qualifications of a clerk? 
What are a clerk's duties? Who determines the compensation of a clerk? 
Who is clerk of the board of education of a union free-school district 
whose boundaries coincide with those of an incorporated village or a city? 

How is a treasurer chosen in a district whose boundaries coincide 
with those of an incorporated village or a city? A collector? Who are 
eligible to these offices? For what period are they appointed? What 
is the duty of the treasurer? Of the collector? What bond must each 



3 22 NEW YORK SCHOOL LAW 

of these officers give? Within what period? For what amount? What 
is the effect if these bonds are not given? How are such vacancies filled? 
What is the duty of a board in relation to librarians? 

Who are entitled to vote for officers in union free-school districts ? 
In what cases may women vote for these officers ? In what cases are 
they not entitled to vote? Explain fully how the number of trustees 
may be changed in each class of union free-school districts. 

What union free-school districts may elect officers on the Wednesday 
following the annual meeting? When? Between what hours must such 
election occur? Until what time may the election be extended? Where 
is such election held? When may it be held elsewhere? What notice 
iRust be given of such change of place? What business only can be 
transacted at such election? When must the annual meeting of such 
district be held? 

Who act as inspectors at such election? If a majority of the board 
are not present at the opening of the polls, how are such vacancies filled? 
If none of the members of the board are present, how are inspectors 
chosen? What poll-list should be kept? By whom? What is the penalty 
for refusal to serve in this capacity? 

Who may offer a challenge at such election? What affirmation must the 
challenged person make? Upon his making such affirmation what must 
the inspectors do? What is the penalty for making a false declaration? 
What is the penalty for illegal voting when not challenged? How is 
such fine collected ? For what purpose should it be used ? 

By whom should ballot-boxes be supplied? How must officers be 
elected at these elections? What kind of ballots may be used? Describe 
fiow the votes cast should be counted? 

When should a board of education call a meeting for a special election? 
When may a district superintendent order sruch election? The Com- 
tnissioner of Education? What notice must be given of such election? 
T^or what period are the officers elected at such special meeting chosen? 
How are all disputes relating to such elections settled? To what dis- 
tricts do not these- provisions for election of officers apply? 



CHAPTER XIII 

BOARD OF EDUCATION — POWERS AND DUTIES 
[Article ii] 

Adopt By-Laws for its Government. — A board of education, 
has authority under the law to adopt such by-laws and rules- 
for its government as it shall deem necessary to discharge prop- 
erly the duties imposed upon it by law. 

Adopt Regulations for Schools. — A board has authority also 
to adopt such rules and regulations as it shall deem wise and 
necessary for the promotion of the educational interests of the 
district, for the preservation of order and discipline in the 
schools, and for the protection of the district's property. 

While a board has authority to adopt general rules to govern 
a school and to aid in the discipline thereof, such authority must 
not be construed as giving the board absolute power to control 
the discipline and order of the school. General rules may be 
adopted by the board, but the teacher is the authority to execute 
such rules, and may determine a mode of punishment not in 
conflict with the rules of the board. A teacher has authority 
also to establish such rules for the preservation of order as 
are not in conflict with the rules adopted by the board. 

Courses of Study. — It is the duty of boards of education to 
arrange courses of study for the schools under their jurisdic- 
tion, to determine in what manner pupils shall be graded or 
classified, and to determine the basis upon which pupils shall be 
promoted from grade to grade, or from one department to an- 
other department. 

By special provision of law, boards of education are required 
to provide for instruction in physiology and hygiene, with 



124 NEW YORK SCHOOL LAW 

special reference to the effects of alcoholic stimulants and nar- 
cotics upon the human system. 

Prescribe Tcjit-Books. — They are to prescribe the text-books 
to be used in the schools under their charge, and to require a 
uniformity in the use of such books. They shall also furnish, 
text-books to poor pupils out of any moneys provided for that 
purpose, and free text-books for all pupils when funds have 
been voted therefor. 

Purchase Sites. — When directed to do so by a district meet- 
ing, boards of education should purchase a site or sites or an 
addition to a site or sites for school-houses. 

Erect and Repair Buildings. — They should construct a school- 
house or school-houses when directed to do so by a district 
meeting, and should keep the school buildings in good repair. 

Purchase Furniture, Apparatus, etc. — A board of education 
has the authority to purchase all necessary furniture, apparatus^ 
fuel, and other necessaries, and to keep the furniture and 
apparatus in good repair. 

May Hire School Rooms and Furnish Them. — When the 
rooms in a school-house are overcrowded and the capacity of a 
school-house is insufficient to accommodate all the pupils, or 
when the school-house has been injured or destroyed in any way 
so as to render it unfit for use, the board of education may hire 
suitable rooms in which to conduct the school, and may fit 
up and furnish such rooms in a suitable manner, for the pur- 
pose of conducting school therein. 

Insure School Property. — The board should insure all school 
buildings and appendages thereof owned by the district, the 
furniture and apparatus, and the library, in a company created 
under the laws of the State or authorized to do business in 
the State. The board has power to raise the premiums by tax 
upon the district. 

Custody of Property. — The custody and possession of all 
public school buildings, sites, lots, furniture, books, apparatus 
and all school property, and the title to the same are vested. 



BOARD OF EDUCATION POWERS AND DUTIES I 25 

in union free-school districts, in the board of education in each 
of such districts. For any and all purposes this property is 
exempt from taxation. 

May Sell Property and Exchange Real Estate. — When a 
board of education is so authorized by the qualified voters of any 
district, it may sell at such price and upon such terms as directed, 
any former lot or site and any real estate the title of which is 
vested in the board, and any buildings or appurtenances thereon. 
The board has authority also to convey any such property by 
deed and to execute the same, which may be done by a majority 
of the members of the board or by some officer or member of 
the board duly empowered by the board to make such convey- 
ance. Any money realized from the sale of such property must 
be applied by the board as directed in a resolution by the voters 
of the district. 

The board may also, when so directed, exchange any real 
estate belonging to the district for the purpose of improving or 
changing the school-house site. 

May Hold Real Estate in Trust. — A board of education may 
take and hold any real estate for the use of the schools or any 
department of the schools of their district, transmitted to the 
district by gift, grant, bequest or devise; or any gift, legacy, 
or annuity given or bequeathed to said board. Such board 
must apply the same, or the interest or proceeds thereof, as 
directed by the donor or testator. 

Control of Schools. — Boards of education of union free schools 
have in all respects the superintendence, management, and con- 
trol of such schools. In such control and management a board 
must be governed by the statute, and by the general power given 
the Commissioner of Education. 

Establishment of Academic Department. — The power to 
establish an academic department is vested in the board of edu- 
cation. This may be established whenever the board deems it 
necessary. 



126 NEW YORK SCHOOL LAW 

Admission of Non-Resident Pupils to Academic or Other 
Departments. — The admission of non-resident pupils to the 
academic or other departments shall be under the regulations 
adopted by the board of education, and the fee to be charged 
such students for this privilege shall also be regulated by the 
board. Whenever the parent or the guardian of non-resident 
pupils shall be taxed for school purposes, because of property 
owned by either of them and assessed in the district at which 
such non-resident pupils attend school, the amount of tax thus 
paid must be deducted from the tuition fee to be paid. 

Employment of Teachers. — It is the duty of a board to 
employ all teachers required for the schools under their juris- 
diction and the departments thereof. Such teachers must be 
legally qualified, as required by law. No teacher who is related 
by blood or marriage to any member of a board can be employed 
as teacher by such board, except upon the written consent of 
two-thirds of the members of the board, and the fact of such 
consent must be entered on the proceedings of the board. 

It is the duty of each board at the time of employment to 
deliver or cause to be delivered to each teacher, a written con- 
tract, signed by the members of the board or by some person 
duly authorized to represent the board. This contract should 
express the terms of agreement between the board and the 
teacher, and should be explicit as to the amount of compensa- 
tion, term of employment, the times when salary shall be paid, 
and the grade of teaching or department in which the teacher 
is to be employed. The salary must be paid under the law as 
often as at the end of each calendar month of the term of 
employment. Boards are also directed *:o pay the wages of 
teachers out of money appropriated for that purpose. 

Removal of Teachers, — A board of education cannot remove 
a teacher during his or her term of employment except for neglect 
of duty, incapacity to teach, immoral conduct, or other cause 
approved by the Commissioner of Education. 



BOARD OF EDUCATION POWERS AND DUTIES 12/ 

May Fill Vacancies in Board — May Remove Members. — 

The board of education may fill any vacancy which may arise 
on such board. A board may also remove any of its members 
for otificial misconduct. But first, the board must serve on the 
member thus charged, a copy of the written charges, which 
must be specific; and this copy must be served on such member 
at least ten days before the date fixed for the hearing. The 
accused must also be allowed a full and fair opportunity to 
refute the charges thus made. 

Water-closets, Stairways, etc. — It is the duty of a board of 
education to provide two suitable and convenient water-closets 
for each of the schools under their charge, as required by law, 
and the board must keep them in a clean and wholesome con- 
dition. Any tax involved for this purpose may be levied and 
assessed upon the district without a vote at a district meeting. 
(See chapter on " Sites and school buildings.") 

The board shall also cause to be erected and maintained on 
the outside of all school buildings which are more than twO' 
stories high, proper stairways with doorways leading thereto 
from each floor above the first, for use in case of fire. The tax 
for this purpose may likewise be levied by the board without a 
vote of the district. 

General Powers and Duties. — By provision of law, boards 
of education possess all the powers and privileges and are sub- 
ject to the same duties in relation to common schools or common- 
school departments in any union free school in said district 
which are possessed by the trustees of common schools or to 
which such trustees are subject under the school law and which 
are not inconsistent with the provisions of law governing union 
free schools. When an academic department has been estab- 
lished by a board, the board possesses the same powers that 
are held by the trustees of academies. 

Board May Appoint Superintendent of Schools. — In an>- 
union free-school district which has a population of five thousand 
or more, the board of education may appoint a superintendent 



328 NEW YORK SCHOOL LAW 

of schools. The population of such district shall be ascertained 
"by an enumeration of the inhabitants therein ; the expense of 
such enumeration shall be a charge upon the district. Such 
superintendent shall be under the direction of the board of 
education and the board shall prescribe his duties and fix his 
compensation. He may be removed from office by a majority 
vote of the board. 

A district thus employing a superintendent is entitled to re- 
"Ceive from the State, in its apportionment of the State school 
moneys, the additional sum of eight hundred dollars. 

Record of Proceedings. — Boards are required to keep an 
accurate record of all of their proceedings in books provided 
for that purpose, and these records must be open to the inspec- 
tion of qualified voters of the district at all reasonable hours. 

Must Publish Statement of Receipts and Disbursements. — 
Boards of education are required by law to publish each year at 
least twenty days immediately preceding the annual meeting of 
the distrist a full and complete detailed account of all moneys 
received by the board or by the treasurer and of each item of 
purchase or expense and the amount thereof. This may be 
published in a newspaper ; but if no newspaper is published in 
the district, the statement must be posted in at least five public 
places in the district. 

Board Should Report Estimated Expenses. — The board 
should report to the annual meeting an estimate in writing of 
the money needed for school purposes for the ensuing year. 
This report should state the purposes for which the money will 
l)e needed and the amount for each of such purposes. Such 
statement could also be presented at a special meeting called for 
that purpose. 

Vote on Taxes for Such Estimate. — In a union free-school 
■district whose boundaries do not coincide with those of an in- 
corporated village or a city, the annual or special meeting, upon 
receiving such estimate, should vote upon levying taxes to meet 
-such estimated expenditures. If demanded by any voter, a 



BOARD OF EDUCATION POWERS AND DUTIES I 29 

separate vote should be taken upon each item. The meeting 
may increase the amount for any item and may decrease the 
amount for any item, except for teachers' wages and contingent 
expenses. 

Board May Levy Tax Without Vote. — If a meeting should 
neglect or refuse to vote the estimated amount for teachers' 
salaries, the board, after applying all available funds therefor, 
may levy a tax upon the district for the balance of the money 
needed, without a vote of the district to authorize it. The same 
action may be taken by the board on the amount estimated for 
contingent expenses. 

Settlement of Disputes on Contingent Expenses. — All dis- 
putes that may arise as to what contingent expenses are, should 
be referred to the Commissioner of Education and his decision 
shall be final. 

City or Village Authorities May Levy Tax. — Boards of 
education in union free-school districts whose boundaries coin- 
cide with those of an incorporated village or a city, should pre- 
pare a written statement, addressed to the corporate authorities 
of such village or city, showing the amount of money necessary 
for teachers' wages and for the ordinary contingent expenses 
of the district. The statement should be specific, showing the 
several items and the amount of money therefor for which it is 
proposed to make an expenditure. The corporate authorities. 
upon the receipt of such statement, should levy a tax upon the 
real and personal property of their village or city, in the same 
manner that taxes are levied for the expenses of the municipal 
government, and for the same amount that the board of educa- 
tion claimed in their statement would be necessary for school 
purposes. Such corporate authorities have no discretion in the 
matter whatever, but are required to levy such tax. 

Whenever the voters of such union free-school districts shall 
have decided at a special meeting, duly convened, to expend any 
amount for a new site, in addition to the present site, or for 
the erection of school buildings, or for apparatus or fixtures, 
or for any other purpose for the welfare of the school system 



130 KEW YORK SCHOOL LAW 

of such district, the said corporate authorities must also raise 
such amount by tax in the same manner as for any other cor- 
porate purpose. 

Regular Meeting. — Boards of education are required by law 
to hold regular meetings at least once each quarter, and they 
may hold them oftener. 

The meetings of a board shall be public and any legal voter 
of the district may be present. Boards may, however, hold execu- 
tive sessions, and at such sessions only members of the board 
or those invited by the board shall be present. 

Visitation of Schools. — Boards shall appoint from their mem- 
bers visiting committees, whose duties shall be to visit the schools 
and departments under their supervision at least twice each, 
quarter and to present a report to the board at its next regular 
meeting after any such visits have been made. 

Money to be Held by City or Village Treasurer. — All moneys 
raised for the support of union free schools in any city or in- 
corporated village, or apportioned to such districts from the 
income of the literature, the common-school, or the United 
States deposit funds, or from any other source, must be paid 
into the treasury of such city or district. This fund must be 
kept by the treasurer separate from all other funds in his pos- 
session. The treasurer is also required to give such additional 
security for the safe keeping of this money as the corporate 
authorities may require. 

How Money Shall be Disbursed. — Before any of such money 
shall be disbursed the board of education must pass a resolution 
directing what amount shall be expended and the purpose or 
purposes for which it shall be used. Upon such resolution of 
the board, drafts shall be drawn by the president and counter- 
signed by the secretary or clerk. These drafts should show 
the purposes for which the money is expended. 

Moneys to be Held by Treasurer of Board. — All moneys 
raised in a union free-school district whose boundaries do not 
coincide with those of an incorporated village or a city, and all 



BOARD OF EDUCATION — POWER" AND DUTIES I31 

moneys apportioned to such districts from any fund or source 
shall be paid to the treasurer of the Board of Education. 

Disbursement of Such Moneys. — Moneys in these districts 
shall be disbursed in the same manner as they are by treasurers 
of incorporated villages or cities. 

Supervision of Commissioner of Education. — The Commis- 
sioner of Education has general supervision of each and every 
union free school and all their departments. He also has gen- 
eral supervision of boards of education and their management 
of the school system. 

Boards to Make Reports. — On the first day of August of 
each year every board of education must file with the town clerk 
of the town in which the school-house of its district is located, 
a report to the Commissioner of Education for the school year 
ending July 31st preceding. The report should include all in- 
formation required by law and all that the Commissioner of 
Education shall require. Boards of education must also, upon 
the request of the Commissioner of Education, make a special 
report to him on any designated subject relating to the condi- 
tion of their school or schools. 

Board of Education May Adopt an Academy as an Academic 
Department. — Tf an academy exists in a district organized as a 
union free-school district, the board of education, if directed by 
a vote of the district to do so, may adopt such academy as the 
academic department of the union free-school district. Consent 
to such transaction must, of course, be obtained from the trustees 
of such academy. The trustees of such academy, when they 
have given such consent, should pass a resolution declaring their 
office as trustees vacant. A certificate to the effect that such 
resolution was adopted should be signed by the officers of the 
board of trustees of such academy and filed in the office of 
the clerk of the county in which such academy is located. After 
these various steps have been taken such academy becomes the 
academic department of such union free school. 

Board May Lease an Academy. — Whenever a board is 
directed to do so by the voters of a district it may lease an 



132 NEW YORK SCHOOL LAW 

academy and site in such district and conduct the academic 
department of the school district in such building. 

Expenses of Representatives of Boards of Education to 
Attend Educational Meetings is Not a Proper Public Charge. 
• — In July, 1899, the clerk and two members of the Board of 
Education of the city of Syracuse attended the annual meeting 
of the National Educational Association at Los Angeles, Cal. 
These representatives attended under direction from the board 
of education. Their legitimate expenses in attending this meet- 
ing were audited by the board of education. An action was 
brought by a tax-payer of the city of Syracuse to restrain the 
board of education from paying these expenses. The supreme 
court held that such expenses were not a proper public charge. 
An appeal was taken from the action of the court to the appel- 
late division. This court for the fourth department affirmed the 
action of the supreme court. There is no doubt but that the 
ruling of the court in this matter applies to the powers of each 
board of education in the State. (52 App. Div. 579.) 

Issue Certificate of Indebtedness. — When taxes have been 
levied by a district, but not collected, the board of education 
of a district may borrow money to an amount not to exceed 
the amount of such uncollected taxes for the purposes of meet- 
ing the expenses of the current fiscal year. This money may be 
borrowed by issuing certificates of indebtedness which must be 
signed by the president and clerk of the board. Such certificates 
must be payable within the current fiscal )^ear or within nine 
months thereafter. They shall bear a rate of interest not to 
exceed six per cent. 

Night Schools. — A board of education may establish night 
schools free to all residents of the district or city. A person 
over twenty-one years of age is therefore entitled to attend a 
night school when one has been established, without the payment 
of tuition. They may also prescribe courses of study therein. 

Kindergartens. — A board of education may establish kinder- 



REVIEW QUESTIONS 133 

gartens which shall be free to all resident children of the district be- 
tween the ages of four and six years. 

Medical Inspection. — The board of education of any city or district 
is authorized to provide for the medical inspection of all children in 
attendance upon schools under their supervision whenever in their 
judgment such inspection is necessary. The expense incurred may be 
paid out of any moneys authorized by the voters of the district or city 
or set aside by the common council or board of estimate and appor- 
tionment for that particular purpose. 

Before funds can be voted for this purpose notice that the proposi- 
tion will be presented to the annual meeting must be given in the 
notice of such meeting. 

REVIEW QUESTIONS 

How are rules for the government of a board of education adopted? 
What regulations may a board adopt for schools? Explain the relation 
of a teacher to such regulations. 

Who is the proper authority to adopt courses of study for union free 
schools? Who determines how pupils shall be graded, classified and 
promoted? In what subject are boards of education required by special 
provision of law to provide for instruction? What authority has a board 
of education in determining the text-books to be used in their school? 
When may a board provide text-books for pupils? 

When may a board purchase a site? Erect buildings? Repair build- 
ings? Purchase furniture or apparatus? Hire school-rooms and furnish 
them? What is the duty of a board in relation to insuring property? 
How may premiums for such insurance be raised? Who is the custodian 
of the property owned by a union free-school district? What does such 
property include? Is such property subject to taxation? 

When may a board sell real property of the district? How is title 
to such property transferred? What disposition must be made of the 
money thus realized? When may a board exchange real estate? What 
power has a board relative to holding property in trust? 

What general control of schools under its jurisdiction has a board 
of education? By what authority is the control of a board limited? 
Who determines the conditions under which non-resident pupils are 
admitted? What is the law relative to tuition of such pupils in cases 
where their parents or guardians are taxed for school purposes? By 
whom are teachers employed? What prohibition is there relative to the 
teachers that a board may employ? What is the law relative to the 
contract between teachers and board? What should such contract express? 
For what causes may a board remove a teacher? What power has a 
board of education to fill a vacancy on such board ? What power has a 
board to remove any of its members? What is the duty of a board 
in providing water-closets and in keeping them in proper condition ? 



134 NEW YORK SCHOOL LAW 

What in relation to outside stairways? What general powers of trustees 
of common-school districts are conferred upon boards of education? 
What powers of trustees of academies? 

When may a board of education appoint a superintendent of schools? 
How is the population of such district determined? By whom are the 
duties of such superintendent prescribed? How may he be removed 
from office? What amount is such district entitled to receive from the 
State for employing such superintendent? 

What records are boards required to keep? Who may inspect such 
records? State fully what is required of boards relative to publishing 
receipts and disbursements. What estimates are boards required to pre- 
sent to annual meetings? What action should be taken upon such esti- 
mate at a district meeting? What estimates may be reduced? What 
estimates cannot be reduced? What estimates may be increased? If 
a district meeting should refuse to vote a tax for teachers' salaries, 
what action may a board take? What in case of contingent expenses? 
How may disputes relative to contingent expenses be settled? When 
should a board of education present an estimate to the corporate author- 
ities of a city or village? For what should such estimate be made? 
What is the duty of such corporate authorities when such estimate is 
properly presented to them? What is the duty of such corporate author- 
ities when the district has voted an expenditure for sites or buildings? 

What meetings must boards of education hold? How often? Must 
these meetings be public? What are executive meetings? What pro- 
vision should a board make for visitation of schools? 

Who holds the school funds in a union free-school district whose 
boundaries coincide with those of an incorporated village or a city? 
How must the funds of such district be kept? What additional security 
must such treasurer give? How are the funds of such district disbursed? 
Who holds the funds of a union free-school district whose boundaries 
do not coincide with those of an incorporated village or a city? How 
are such funds disbursed? 

What supervision has the Commissioner of Education over union free 
schools? Over boards of education? What reports are boards of education 
required to make? When? To whom? Where should each report be 
filed? What information should it contain? 

When may an academy be adopted as the academic department of a 
union free-school? State fully what steps should be taken in proceedings 
of this kind. When may a board lease an academy and its site? What 
is the rule in relation to the payment of expenses of members of boards 
of education while attending educational conventions ? Explain t he 
authority of a board of education to issue certificates of indebtedness. 
Who may establish night schools? Who is eligible to attend? Who 
possesses the power to establish kindergartens? When may a board of 
education authorize the medical inspection of children in attendance upon 
schools? 



CHAPTER XIV 

SITES AND SCHOOL BUILDINGS 

[Article i6] 

SITES 

Designation of Site. — A site for a school-house can be deter- 
mined at a special or annual meeting of the district. A special 
meeting must be duly called for that purpose. A written reso- 
lution in which the proposed site is described by metes and 
bounds must be adopted by a majority vote of the qualified voters 
present and voting. The vote upon such resolution must be by 
ayes and noes, A record of such vote must be made, showing 
how each person voted upon the proposition. 

A district, at a special meeting, may designate two or more 
sites with the approval of the district superintendent having juris- 
diction. The notice of such special meeting must state the pro- 
posed number of sites that will be voted upon. 

Improvement of Site. — The voters at a school district meet- 
ing may vote to improve the site or sites of such district or they 
may vote to enlarge such site or sites. This action may be taken 
at a special or an annual meeting. 

Tax for Site. — The voters of a school district may vote a tax 
to purchase, lease, and improve the sites of such district. This 
tax must be levied and assessed in the same manner as taxes for 
other school purposes. 

Change of Site. — The legal voters of a district may by a 
majority vote at a special meeting called for that purpose, or 
may at an annual meeting adopt a written resolution designating 
a new site and describing it by metes and bounds. The vote on 
such resolution must be by ballot or by taking and recording 
the ayes and noes. 



136 NEW YORK SCHOOL LAW 

Acquisition of Sites. — Where the owners of land will not consent ta 
the sale of such lands for sites for school buildings, such lands may 
be acquired without their consent under the provisions of the Con- 
demnation Law. 

The following property can not be taken by this method without the 
consent of the owners: 

1. A homestead occupied as such by the owner. Except such por- 
tion thereof as may appear to the Court to be unnecessary for the 
reasonable use and enjoyment thereof. 

2. A garden, orchard, or any part thereof, not within a city which 
has existed for a period of one year prior to the beginning of the 
condemnation proceedings. 

3. A yard or inclosure, or any part thereof, necessary to the use or 
enjoyment of buildings. 

4. Fixtures or erections for the purposes of trade or manufacture 
which have existed for a period of one year prior to the beginning of 
the condemnation proceedings. 

5. The whole of a city or village lot with the erections and improve- 
ments thereon. 

Sale of Former Site. — Whenever the site of a school-house is changed 
as provided above, the legal voters of the district at a special or an 
annual meeting duly convened, may, by a majority vote, direct the 
sale of the former site and the buildings thereon at such price and 
terms as they deem proper. 

Transfer of Title. — The trustees or a majority of them, when so di- 
rected by a district meeting, may execute a deed transferring the in- 
terest and title of the district to such estate, and such deed is valid 
and binding. 

Bond and Mortgage or Other Security. — Whenever a district meet- 
ing directs that credit may be given to the purchaser of such prop- 
ery for any portion of the amount paid therefor, the trustees have au- 
thority to take in their corporate name security by bond and mortgage 
or otherwise, as they shall deem best. The trustees hold such security 
as a corporation and should account therefor to their successors in 
office, and to the district in the same manner as they are now re- 
quired by law to account for moneys received by them. Trustees in 
their official capacity may sue for and recover the moneys due and 
unpaid upon any security so taken by them or their predecessors. 



SITES AND SCHOOL BUILDINGS 137- 

Disposition of Proceeds. — The proceeds derived from the sale 
of such property must be appHed on the expense of procuruig 
a new site, of removing or erecting thereon a school-house, and 
of improving and furnishing the site, the school-house, and their 
appendages, so far as may be necessary. If a surplus should 
remain, it should be devoted to the purciiase of school apparatus 
or used for any other support of the school, as the voters at an 
annual meeting may choose to direct. 

Designate Sites Without Vote of District. — In a district 
containing 5,000 or more inhabitants the board of education may 
without vote of the district designate a site or sites, or an addi- 
tion to a site or sites. 

SCHOOL BUILDINGS 

Location of School-house. — The law provides that no school- 
house shall be erected so as to stand upon the division line of 
any two towns. 

Repairs of School-house. — It is the duty of the trustees of 
a district to keep the school-house in proper repair and reason- 
ably comfortable for use, and for that purpose they may expend 
fifty dollars each year without a vote of the district. 

When the sum of fifty dollars is not sufficient to put a school- 
house in proper repair and the district has not voted to make 
any expenditure for repairs, the trustees should apply to the dis- 
trict superintendent for an order directing them to make the 
necessary repairs A district superintendent has authority to 
direct that repairs to the extent of two hundred dollars shall be 
made, when in his judgment he deems it necessary. A district 
superintendent may issue this order without application from the 
trustees. When the order is issued it should state the character 
of the repairs to be made — whether new seats, a new roof, or 
any other improvement. As a trustee may expend only fifty 
dollars without a vote of the district and as a district superin- 
tendent may direct trustees to expend only two hundred dollars^ 
it is advisable, when two hundred and fifty dollars is insufficient 



1^8 NEW YORK SCHOOL LAW 

to make the necessary repairs or to put the building in proper 
-condition, for the trustees to call a special meeting of the district 
ior the purpose of voting an expenditure for additional repairs. 

There is no limit put upon the amount which a district meeting 
may vote for repairs. When a district meeting votes an appro- 
priation for repairs, it should direct the nature of such repairs. 

It is the duty of trustees to make such repairs as are directed 
•either by a district superintendent in his order or by a district 
meeting. For a failure to do this, a trustee may be removed 
from office. 

Tax for Erection of School-house. — The qualified voters, at 
an annual school meeting or at a special meeting called for the 
purpose, may vote a tax for the erection or repair of a school- 
house. There is no limit in regard to the amount which a district 
may vote for this purpose. 

When a district refuses to vote an appropriation sufficient to 
make any necessary repairs to the school-house, the relief of any 
aggrieved person residing in the district is to bring an appeal to 
the Commissioner of Education who may order the district to 
make necessary repairs. 

Approval of Plans. — No school-house shall hereafter be 
erected, repaired, enlarged or remodeled at a cost to exceed $500 
in any school district or in any city of the third class until the 
plans and specifications for the same have been submitted to the 
•Commissioner of Education and his approval indorsed thereon. 

The Commissioner of Education is prohibited from approving 
plans which do not provide : 

a. At least fifteen square feet of floor space and two hundred 
<:ubic feet of air space for each pupil to be accommodated in 
-each study or recitation room therein. 

b. For assuring at least thirty cubic feet of pure air every 
minute per pupil, and 

c. The facilities for exhausting the foul or vitiated air therein 
shall be positive and independent of atmospheric changes. 

d. All halls, doors, stairways, seats, passage-ways and aisles 



SITES AND SCHOOL BUILDINGS l^y 

and all lighting and heating appliances and apparatus arranged 
to facilitate egress and afford adequate protection in cases of fire 
or accident. 

e. All exit doors shall open outwardly, and shall, if double 
<ioors be used, be fastened with movable bolts operated simul- 
taneously by one handle from the inner face of the door. 

f. No staircase shall be constructed with winder steps in lieu 
of a platform but shall be constructed with straight runs, changes 
in direction being made by platforms. No door shall open im- 
mediately upon a flight of stairs, but a landing at least the width 
of the door shall be provided between such stairs and such 
doorway. 

Under this law the Commissioner of Education has adopted 
the following regulations : 

The plans and specifications must be submitted in duplicate, 
the original set to be returned after the indorsement of approval, 
the duplicate to be retained on file at this Department. 

The plans and specifications must show in detail the ventila- 
tion, heating and lighting of the building. The contract should 
include a guaranty that the system of ventilation described will 
provide at least 30 cubic feet of air every minute for each pupil. 
It will be necessary to give the size of windows, distance from 
top of window to ceiling and number of panes in sash. 

At least 15 square feet of floor space and 200 cubic feet of air 
space for each pupil to be accommodated in each study or reci- 
tation room must be provided. In this connection it will be 
necessary not only to state the size of the rooms (length, breadth 
and height) but also to give the number of individual desks to 
be placed in the room. 

The plans and specifications must clearly show that proper 
provision is made in all respects " to facilitate egress in case? 
of fire or accident and to afford requisite and proper accommo- 
dations for public protection in such cases." 

The windows in all study rooms and recitation rooms should 
be so arranged that the main light will come from the pupils* 



140 NEW YORK SCHOOL LAW 

left and the supplemental light from the rear. The windows 
should be grouped together as nearly as possible on the pupils' 
left so that the light may be massed, thereby furnishing a com- 
paratively even distribution of light and minimizing areas of 
light and shadow. 

The windows should extend as near to the ceiling as the prin- 
ciples of construction will admit and should be without transoms 
or unnecessary frame work. 

Any considerable area on the side to the left of the pupils that 
is without window surface should be opposite the space in front 
or in the rear of the pupils' desks. 

The ratio of window surface to floor surface should be one 
to five. If the main light comes from the north or from a side 
of the building which is well shaded, the ratio should be one to 
four. 

As far as possible the rooms and windows should be so ar- 
ranged that the aisles may run the long way of the room. 

In the primary grades the blackboards should be placed 26 
inches from the floor, in the intermediate grades 30 inches and 
in the grammar grades 36 inches. Each blackboard should be 
provided with a trough at the bottom, which should have an 
open woven wire cover on hinges. 

Special cloakrooms should be provided which should be thor- 
oughly heated and ventilated. 

A soft color should be used in finishing the walls — a light 
greenish gray. The ceiling should be white. The window shades 
should correspond in color with the walls. 

Payments by Installments. — When a school district has voted 
a tax for the erection of a school-house, it may by a majority 
vote at any meeting regularly convened, decide to raise the 
amount thus voted, by installments. The vote on the question 
must be by ballot or by taking and recording the ayes and noes. 
When such action is taken by a district, it is the duty of the 
trustees to raise by tax such installments and the interest thereon, 
as thev become due, in the same manner as other school taxes 



SITES AND SCHOOL BUILDINGS 141 

are raised. The last installment cannot be extended beyond 
twenty years from the date on which the vote was taken m a 
common-school district, but there is no limit in this respect in 
a union free-school district. No tax voted by a district meeting 
or other competent authority in any such city, or school district 
exceeding the sum of five hundred dollars, shall be levied by 
the trustees until the Commissioner of Education shall certify 
that the plans and specifications for the same comply with the 
provisions of this law. 

Notice of Tax Proposed for School Buildings. — No vote to 
raise money by tax to purchase a new site or to change or add 
to the present site, or to build a new school-house, can be taken 
at a district meeting unless notice that such proposition will be 
presented, specifying amount, has been given by the board 
of education in the same manner as the notice of an annual 
meeting is given. 

Vote on Expenditure of Money. — On all propositions arising 
at such meetings involving an expenditure of money or author- 
izing a tax levy, the vote must be by ballot or by taking and 
recording the ayes and noes. 

Rescinding Vote or Reducing Amount. — No vote requiring 
money to be raised can be rescinded nor can the amount voted 
to be raised be reduced at a subsequent meeting, unless it is an 
adjourned meeting or a meeting called for such purpose. If 
it is a meeting called for such purpose, notice must be given in 
the manner in which all notices for annual and special meetings 
are given. The notices must state that the proposed reduction 
or the proposition to rescind the vote authorizing such money 
to be raised will be voted upon. 

May Borrow Money and Issue Bonds. — Whenever an annual 
or a special meeting of a union free-school district votes a tax 
to be collected in installments for the purpose of building a new 
school-house or for repairing or enlarging the school-house of 
the district or for the purchase of a new site or an addition to 
the present site, the trustees or boards of education are author- 



143 NEW YORK SCHOOL LAW 

ized by law to borrow the money necessary at a rate not to exceed 
six per cent., and to issue bonds or otiier evidences of indebted- 
ness therefor. Ihe bonds shall be paid at maturity and shall 
not be sold below_par. 

Sale of Such Bonds.* — In a union free-school district whose 
boundaries do not coincide with tliose of an incorporated village 
or a cityj the board of education of such district shall give notice 
of the time and place of the sale of such bonds, at least ten days 
prior to the date of such sale. This notice may be given by being 
published twice in each of two newspapers of the district, if 
there are two, and in one paper, if there is but one. If no news- 
paper is published in the district, then a notice of such sale 
must be posted in ten of the most conspicuous places of the dis- 
trict, at least ten days previous to the sale. The trustees having 
charge of the issue or payment of such bonds, are required to 
make an annual report thereof to the clerk of the board of super- 
visors of the county in which the district is located, on or before 
the first day of November. 

In a union free-school district whose limits do coincide with 
those of an incorporated village or a city, such bonds must be 
prepared by the board of education and signed by the president 
and the secretary of such board and delivered to the treasurer 
of such incorporated village or city and countersigned by him. 
The treasurer of such village or city shall give notice of the 
time and place of the sale of such bonds in the same manner 
as it is required that boards of education of districts whose 
limits do not coincide with those of an incorporated village or 
a city shall give such notice. The proceeds of the sale of these 
bonds must be paid into the treasury of such incorporated village 
or city to the credit of the board of education of such district. 

Sale of Liquors Prohibited Near School-Honses. — Traffic In 
liquor is prohibited in a building, yard, booth, or other place 
which shall be on the same avenue or street and within 200 
feet of a building used exclusively as a school-house. The 
measurements must be taken in a straight line from the center 



* For procedure relative to legalization of bond issues, see Article 
2-A of Municipal Corporations Law. 



f SITES AND SCHOOL BUILDINGS 143 

f 

of the nearest entrance to the building used for such school to 
the center of the nearest entrance to the place in which such 
liquor traffic is desired to be carried on. This prohibition how- 
ever does not apply to a place which on the 23d day of March, 
1896, was lawfully occupied as a hotel, or in which the traffic 
in liquors was lawfully carried on or which was in process of 
construction, (Subdivision 2, section 23, Liquor Tax Law.) 

CONDEMNATION OF SCHOOL-HOUSE 

Order. — When in the judgment of a district superintendent 
the school-house of any district under his jurisdiction is wholly 
unfit for use and not worth repairing, he may issue an order con- 
demning such property and he should fix a time therein when 
such order shall go into effect. The superintendent should also 
direct in such order the expenditure of an amount which in his 
judgment is necessary to erect a school-house for the accommo- 
dation of the children of such district. 

Service of Order. — The superintendent must immediately 
serve such order upon the trustees of the district and transmit 
a copy thereof to the Commissioner of Education. 

Trustees Should Call Special Meeting. — Immediately upon 
being served with a copy of such order, the trustees should call 
a special meeting of the district for the purpose of considering 
the question of building a school-house. 

The legal voters at such special meeting have power to deter- 
mine the size of the building and the material to be used, and 
to vote a tax to build the same. The district meeting may also 
decrease the estimated amount of the superintendent for the 
erection of such building twenty-five per cent., and the district 
may also increase the amount estimated by the superintendent. 

Failure of District to Vote Tax. — When a district fails to 
vote a tax to build a school-house, within thirty days from the 
date on which the first meeting for considering the question was 
held, the trustees have power, and it is their duty to contract 
for the erection of such building and to levy a tax to pay for the 



J44 NEW YORK SCHOOL LAW 

same. This tax shall not exceed the estimate of the superin- 
tendent and shall not be more than twenty-five per cent, less than 
such estimate. 

Insurance of Buildings. — The trustees of a school district 
should insure the buildings of the district. Their duty in this 
matter is explained in the chapter on Trustees ; powers and 
duties. It is also the duty of boards of education to insure the 
buildings of union free-school districts. (See chapter on Boards 
of Education; powers and duties.) 

Use of School Buildings. — i. The use of a school building 
in a district or city must be granted for holding any examination 
or institute appointed therein by the Commissioner of Education. 
No charge can be made for the use of such building for these 
purposes but a reasonable allowance may be paid for lighting, 
heating and janitor service. 

2. When a building is not in use for such school purposes it 
may be used on approval by the board of trustees by persons 
desiring to give or receive instruction in any branch of educa- 
tion or learning or in the science and practice of music. (See 
also chapter lo, powers and duties of trustees.) 

Sale of Buildings. — When a school district decides to build 
a new school-house, the district meeting should direct what dis- 
position should be made of the old building. This is usually 
done by directing the trustees to sell it at public auction. The 
district meeting may, however, direct some other course to be 
pursued. 

The school buildings may be sold when a district has been dis- 
solved. (See chapter on School Districts.) 

The school buildings of a district may also be sold when the 
site of the district buildings has been changed. 

Stairways Outside of Buildings. — It is the duty of trustees 
or boards of education of all school districts outside of the city 
of New York to provide stairways on the outside of all school 
buildings that are more than two stories high, with suitable doors 
connecting therewith from each story above the first. These 



REVIEW QUESTIONS I45 

may be built without a vote of the district, at a reasonable ex- 
pense, which is chargeable to the district the same as other taxes. 
Such stairways shall be kept in good order and free from ob- 
struction and should not be bolted or locked during school hours. 
Out-buildings. — It is the duty of school districts to provide 
out-buildings on the school premises. The law provides that 
these buildings shall be as follows : 

1. They must be suitable and convenient. 

2. There must be two, and they must be entirely separated 
from each other. These two closets may be under one roof and 
over the same vault. 

3. They must have separate means of access, and the ap- 
proaches thereto must be separated by a substantial close fence, 
at least seven feet high. 

4. They must be kept in a clean and wholesome condition. 

A failure on the part of trustees to comply with these pro- 
visions is sufficient reason for removing them from ofifice, and 
for withholding from the district its share of public money from 
the State. Trustees are personally responsible to the district 
for any loss in this respect through their negligence. 

Any expense incurred by the trustees of a common-school dis- 
trict in providing and maintaining these out-buildings when ap- 
proved by the district superintendent may be raised by tax with- 
out vote of the district. 

A board of education may meet such expenses by payment 
from contingent fund or by tax upon the district or city without 
authorization by the voters thereof. 

REVIEW QUESTIONS 

What meeting can decide upon a site for a school-house? How must 
such decision be determined? What must the resolution contain? How 
must the vote be taken? What record must be made? When may a 
' district designate more than one site ? What must the notice of a special 
■ meeting state? How can the site of a school district be improved or 
enlarged? At what meetings? What tax may a district vote in relation 
to sites? Is there a limit to the amount that can be voted? How is 



146 NEW YORK SCHOOL LAW 

such tax levied and assessed? How may the school site of a district 
be changed ? What property can not be taken for a site ? What disposition 
is made of the old site and buildings of a district when a change of site 
has been legally made? How may the title of the district of such 
property be transferred? When may bond and mortgage be given to 
protect districts? How is such security held for the district? How 
may the unpaid money due the district be collected? What disposition 
must be made of the proceeds of the sale of such property? When 
may a board designate a site without vote of the district ? 

What prohibition is there in relation to the location of a school-house? 
Whose duty is it to keep the school-house in reasonable repair? How 
much may such officer expend therefor without a vote of the district ? 
Can the district vote a larger amount? If fifty dollars is insufticient 
and the district has not voted an appropriation, how may the trustee 
obtain authority for making the needed repairs? What amount may 
a district superintendent order a trustee to expend? How does a district 
superintendent give authority to his order? In what particulars should 
this order be specific? Is there a limit to the amount a district may 
vote for repairs? When a district superintendent has ordered repairs 
to school buildings or a district has. voted repairs, what is the duty 
of the trustee? What is the penalty for a failure to do this? What 
amount may a district vote for erecting a school-house? What limit 
is there to the amount of tax which a district can levy for this purpose ? 
What action is necessary in order to levy a larger amount? What plans of 
school buildings must be approved? By whom? State the prohibitions 
as to approval of plans. 

When may a district erect a school-house and pay therefor by install- 
ments? How must the vote be taken? How must a tax for such 
installments be raised? For what period may the payment for the last 
installment be made? How may a vote authorizing such tax be repealed? 
By what method may bonds be issued for this purpose? What limit is 
placed upon the rate of these bonds? What restriction is placed upon the 
sale of these bonds? What notice of the sale of such bonds must be 
given? What report of payment, etc., must be made by the trustees?' 
To whom? When? 

When may a district superintendent condemn a school building? How? 
What estimate in regard to the expenditure in erecting a school-house 
should the order of the district superintendent contain? Upon whom 
must the district s^iperintendent serve such notice? What is the duty 
of trustees when served with such notice? What power has a 
meeting in relation to such matters when regularly called? May the 
district decrease the estimate of the district superintendent? By what 
amount? May the amount be increased? How much? Within what 
period should a district vote to build? What is the duty of the trustee 
if the district takes no action within that time? What tax in this case 



REVIEW QUESTIONS 147 

may a trustee levy without a vote of the district? What are the duties 
of trustees of common-school districts in relation to insuring school 
buildings? What of boards of education of union free-school districts? 
Name three cases in which school buildings may be sold. What is the 
method of procedure in each case? 

For what purposes other than school may school buildings be used? 

What is the duty of school officers in relation to building stairways 
on the outside of school buildings? What are the requirements for out- 
buildings in school districts? When a district fails to vote an appro- 
priation for the purpose of making proper repairs, what amount may 
the trustee expend? What is the penalty for a failure on the part of 
the trustee to comply with the law? What is the loss to the district? 
The responsibility of the trustee to the district? When a district has 
no out-buildings, what amount may the trustees expend for their erection? 
Upon whose order? 



CHAPTER XV. 

ASSESSMENT AND COLLECTION OF DISTRICT TAXES 
[Article 15] 

Assessment of Taxes by Trustees. — It is the duty of the 
trustees to assess on the taxable property of the district all taxes 
voted by a district meeting for the current school year and to 
make out a tax-list immediately therefor. A tax voted for the 
ensuing school year should be assessed and the tax-list therefor 
issued within thirty days after August first following. The 
courts of the State have held, however, that the law in this re- 
spect is only directory and that trustees may issue a tax-list and 
warrant after the expiration of thirty days from the date the 
tax was voted. 

In assessing a tax voted by the district, trustees may also assess 
at the same time a tax which they are authorized to assess 
without a vote of the district and may include two or more 
taxes in one tax-list. 

A tax-list is not complete until it has passed from the trus- 
tees to the officer whose duty it is to collect it, and any time 
before its completion it may be altered and amended by the 
trustees. 

Chapter 502, Laws of igo2, provides that any town in St. Lawrence 
county may adopt a uniform system of taxation for school purposes at 
a biennial town meeting. The details of the law may be found by 
consulting the session laws of 1902. 

Heading on Tax-List. — The law directs that trustees shall 
prefix to each tax-list a heading showing the purpose for which 
the different items of the tax are raised. Any tax-list not con- 
taining this heading will upon appeal be set aside by the Com- 
missioner of Education. The details of each item need not be 
set forth. If an item is for repairs, it is sufficient to state, " For 
repairs on school-house, $25.00," and it is not necessary to give 
each item included in such repairs. 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 149 

. Form of Tax-List. — In making out a tax-list trustees should 
rule six separate columns and give in such columns the following 
data: 

1. The first column should contain the names of all the per- 
sons and corporations liable to taxation in the district. 

2. The second column should show the number of acres of 
land to be taxed to each person or corporation. 

3. The third column should give the assessed valuation of 
such land. 

4. The fourth column should give the full value of all the 
taxable personal property of each of the persons or corporations 
named in the first column. 

5. Value of special franchise. 

6. Valuation of taxable rents reserved. 

7. The amount of each individual's or corporation's tax. 
(See sections 21-30, Tax Law.) 

Trustees cannot place upon a tax-list the uncollected taxes 
of some former tax-list. They can not increase the assessment 
upon the property of a tax-list to make up a loss caused by a 
failure to assess property upon a former list. If property is 
omitted from a tax-list and the mistake is not discovered until 
the taxes are collected and the warrant is returned, it is too late 
to remedy the mistake. 

Apportionment of Taxes Upon Real Estate, — Trustees must 
apportion district taxes upon all real estate within the boundaries 
of the district, except that which is exempt by law from taxation. 
Such property must be assessed to the person or corporation 
owning or possessing it at the time the tax-list is made out. 

Real Estate Lying in One Body but in Two or More Dis- 
tricts. — Lands lying in one body but located in two or more 
school districts, and occupied by the same person either as owner 
or as agent for the same principal or tenant under the same 
landlord, if assessed as one lot by the town assessors, are taxable 
in the district in which the occupant of such lands resides. 



ISO 



NEW YORK SCHOOL LAW 



In cases of this kind there are three distinct questions to settle 
in order to determine where such lands are taxable. These are: 

First. The land must lie in one body. It is not sufficient that 
such lands shall be joined by a mere point. There must be an 
actual line of contact. 

Second. The ownership of such lands must be by one person. 
If there is a joint ownership of such lands, they can not be 
assessed under this provision. 

Third. The occupancy of such lands must be determined. 
The whole body of such land must be occupied by one person. 
This person must be either the owner of such lands or the agent 
or tenant of one and the same landlord. 

All lands of this description which do not comply with the 
three provisions above given, must be assessed for their re- 
spective portions in the district in which such parts are located. 

Non-Resident Real Estate, — Non-resident real estate is real 
estate which is not occupied and improved by the owner or by 
his servant or agent, and which is not possessed by a tenant. 
Briefly, it is unimproved and unoccupied land. This land must 
be assessed by trustees as town assessors assess such lands in 
towns. It must be placed upon a separate part of the tax-list, 
and the name of the owner must not be mentioned, unless such 
land is owned by an incorporated company, in which case the 
law directs that the name of such company must be given. The 
description of such land must be accurate and such as would 
enable a purchaser to locate it, and would enable the owner to 
know that it was his land that was thus described. 

A collector can not levy upon and sell the personal property 
of the owner of non-resident land. 

But if the owner of real estate in any school district improves 
and occupies such land himself, or causes it to be improved 
or occupied by an agent or servant, such owner, in regard to 
the liability of such property to taxation, is considered a taxable 
inhabitant of such district. In this case a collector could seize 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES I5r 

and sell the personal property of the owner of such estate for 
the amount of school taxes. 

If such real estate is occupied by tenants or sub-tenants they 
are the proper persons to whom such property should be assessed, 
and not the owner thereof. If such tenants improve the land, 
although they do not reside on it, they are considered under 
the law taxable inhabitants of such district. 

Assessment of Bank Stock. — A board of trustees in a school 
district should include in its tax-list real property owned by a 
bank or banking association organized under the laws of the 
State or of the United States and located in such district. How- 
ever, the stock of such bank and the bank's personal property 
should not be included in such tax list. Bank stock and the 
personal property of a bank is assessed by the board of super- 
visors for all State, county, city, village, town and school dis- 
trict purposes. A bank is required to pay a tax of one per 
cent, on the value of its stock to the county treasurer of the 
county in which the bank is located. No deduction can be made 
on the value of this stock because of the personal indebtedness 
of the owners of such stock. The tax must be paid on or 
tefore the thirty-first day of December annually. It is imma- 
terial where the holder of bank stock may reside. Such stock 
is assessable in the tax district in which the bank is located. 
The value of a share of bank stock is determined by adding 
together the amount of the capital stock, the surplus and the 
undivided profits and dividing this sum by the number of shares 
of such bank. 

The clerk of a school district in which a bank is located is 
required to file with the board of supervisors during the first 
week of the annual session of such board a written statement 
under oath showing the tax rate of the district for the pre- 
ceding year. A similar statement as to the tax rate of each 
city, village, town or other tax district in which a bank is 
located must also be filed. The amount of tax on such bank 
stock due a school district is such proportion of the tax as the 



152 NEW YORK SCHOOL LAW 

tax rate of such school district bears to the aggregate tax rates 
of all the tax districts in which such shares of stock are tax- 
able. The county treasurer should pay to each school district 
its proportionate share of such tax after deducting therefrom, 
a fee of one per cent, for collection. (Articles i and 2, Tax 
Law.) 

Apportionment of Taxes on Personal Property. — Trustees 
must apportion district taxes upon all persons residing in the 
district and upon all corporations, for all personal property owned 
by them and liable to taxation in such district. 

Property Exempt from Taxation. — Under the tax law the fol- 
lowing property is exempt from taxation and can not be 
assessed for school purposes. 

1. Property of the United States. 

2. Property of the State of New York except wild or forest 
lands in the forest preserve or other property which special 
acts make assessable in certain school districts. 

3. Property of a municipal corporation held for public use 
and situated within the corporation, including real property 
held or used for cemetery purposes. 

4. Property exempt by law from execution other than an 
exempt homestead. The tax law specifically provides that real 
property purchased with the proceeds of a pension shall be 
assessable for school purposes. 

5. The real and personal property of a corporation or asso- 
ciation organized exclusively for the moral or mental improve- 
ment of men or women or for religious, charitable, benevolent, 
missionary, hospital, educational or cemetery purposes, or for 
the enforcement of laws relating to children or animals. Such 
property is not so exempt if any officer or employee of the cor- 
poration receives any pecuniary profit from its operations other 
than reasonable compensation for services. 

6. Real property not exceeding in value $15,000 of an incor- 
porated association of volunteer firemen when such property is 
used exclusively by such association. 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 1 53 

7. The real property of an agricultural association perma- 
nently used by it for exhibition grounds. 

8. The dwelling houses and lots of religious corporations 
while actually used by the officiating clergymen thereof. The 
total amount of such exemption of any one religious corpora- 
tion shall not exceed $2,000. 

9. The real and personal property of a minister of the gospel 
or a priest who is regularly engaged in performing his duties 
as such, or who is permanently disabled by impaired health from 
the performance of such duty, or who is 70 years of age, to an 
extent not to exceed $1,500. 

Valuation of Property. — Trustees, in making out a tax-list, 
must ascertain the valuation of taxable property so far as pos- 
sible, from the last assessment-roll of the town after such roll 
has been revised by the assessors. 

Reduction of Valuation. — The valuation of any property shall 
not be reduced from that given in the town assessment-roll, 
unless the persons claiming such reduction file a written notice 
of such claim with the trustees before the tax-list is completed. 
When such claim is duly filed and it appears that the property 
in question has diminished in value since the last assessment- 
roll of the town was made, or it appears that an error has been 
made by the town assessors, it is the duty of the trustees to 
ascertain the true value of such property. The law provides that 
they shall give notice to the interested parties and proceed in the 
same manner as town assessors. If, in the judgment of the 
trustees, such claim is valid, they should reduce the valuation of 
the property and make out their tax-list. Such tax-list should 
be left with one of the trustees or at some place where interested 
persons can inspect it for at least twenty days from the date 
on which the notice of the completion of such tax-list is given. 
The notice of the completion of such tax-list and of the original 
assessment must be posted in at least three public places in the 
district. When the valuation of property is reduced the interested 
parties are all the tax-payers of the district. 



J 54 NEW YORK SCHOOL LAW 

Assessment of Property by Trustees. — When any taxable 
property of the district is not included in the assessment-roll of 
the town, it is the duty of trustees to place such property on 
the tax-list of the district and give it a valuation, or if any 
property shall have increased in valuation since the last assess- 
ment-roll of the town was revised, it is the duty of trustees to give 
.such property an increased valuation. In either of these cases, 
trustees should serve a notice of their action on the person so 
assessed ; it is not necessary to post notices in the district. 

Equalization of Valuations by Supervisors. — When the trus- 
tees of a district which embraces parts of two or more towns 
request the supervisors of such towns to meet to determine 
whether the assessments of property in these towns are equit- 
able when compared with each other, or when three or more 
persons liable to pay tax on real estate make such request, it 
is the duty of the supervisors to comply with such request. 
This request to supervisors should be written, and the meeting of 
the supervisors should be not less than five nor more than ten 
<iays from the service of such notice. The notice should name 
the time and should designate some place within the bounds 
of the towns in which the districts are located. 

If the supervisors find that such assessments of property are 
not equitable, they should determine the relative proportion of 
taxes that should be assessed upon the property of the parts of 
such district lying in different towns. Thereafter, trustees should 
assess taxes in accordance with such determination until new 
assessment-rolls of the towns are perfected and filed. 

When the supervisors are unable to agree, they may summon 
the supervisor of an adjoining town and the finding of a major- 
ity of them shall be the determination of the question. 

Apportionment of Valuation of Railroad, Telegraph, Tele- 
phone and Pipe Line Companies Between School Districts. — 
It is the duty of the assessors of a town in which a railroad, 
telegraph, telephone or pipe line company is located to appor- 
tion the value thereof between the several school districts through 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 155 

which it extends. This apportionment must be made within. 
15 days after the final completion of the roll and must be signed 
by the assessors or a majority of them. It must be filed within 
iive days thereafter with the clerk of the town. The valuation 
50 fixed thereupon becomes the valuation on such property in 
such school discricts. It is the duty of the town clerk to furnish 
the trustees of the districts interested a certified statement of 
the valuations apportioned. If the assessors refuse to make such 
apportionment, the supervisor of the town must make it either 
upon the request of the trustee of a district or of the corpora- 
tion assessed. (Article 2, Tax Law.) 

A Person Working Land on Shares. — A tenant working land 
and paying a share of the produce as rent is liable to taxation 
for school purposes on such land. In all cases of doubt it is safer 
to assess taxes to the owner of land than to the tenant. 

A Person in Possession Under Contract, — Any person in 
possession of real property under contract for the purchase 
thereof is liable to taxation for school purposes in the district 
in which such property is located. 

Tenant's Tax Chargeable to Landlord. — A person who is 
tenant at will or for three years or a shorter period of time, and 
who pays a tax upon the real estate of which he is in possession, 
for the purpose of purchasing a site for a school-house, or for pur- 
chasing, building, or repairing a school-house, or for supplying 
the necessary fuel and appendages, may require the owner of such 
real estate to refund the amount paid for such taxes. The owner 
of such real estate could not be compelled to pay such tax if 
he had made an agreement with the tenant that such tenant 
should pay the tax. The only school taxes chargeable to the 
owner of such real estate are those for the purposes above 
named. 

Exempt from Taxation for Building a School-house. — (Any 
taxable inhabitant of a district shall be exempt from taxation, 
for the purpose of building a school-house in the district in 
which he resides, under the following conditions : Such inhabi- 



156 NEW YORK SCHOOL LAW 

tant must have been set off from some other district without his 
consent, within four years previous to the assessment of such tax 
and such inhabitant must have paid within that period in the 
district from which he was set off a tax for building a school- 
house in such other district. A voluntary contribution toward, 
building a school-house is not a tax. If such inhabitant was set 
off from a district with his consent, he is not exempt from the 
taxation in question. 

Warrant for Collection of Taxes. — The warrant for the col- 
lection of a district tax should be issued by the trustees and 
signed by them or a majority of them. A warrant may be signed 
with or without seals. It is the official document which gives 
the collector authority to collect all taxes included in the tax-list. 
The warrant confers upon a school-district collector the same 
powers that are conferred upon town collectors by the warrant 
of the board of supervisors. 

Delivery of Warrant. — A warrant for the collection of any 
tax voted by the district must not be delivered to the collector 
until the thirty-first day after the tax is voted. 

A warrant for the collection of a tax which trustees are 
authorized to raise without a vote of the district may be deliv- 
ered to the collector whenever it is completed. 

Trustees should take a written receipt from a collector for 
every tax-list and warrant delivered to such collector. Such 
receipt should show the date on which the warrant is return- 
able and the amount to be collected. 

Notice of Receiving Taxes. — As soon as the collector receives 
a warrant for the collection of taxes, he should post notices 
in at least three public places in the district — one of these notices 
must be on the outside of the front door of the school-house — 
stating that such warrant has been received by him and that 
during the ensuing thirty days from the date of such notices 
he will receive all taxes voluntarily paid to him. 

If there is any assessment on the tax-list against a railroad 
company or against any canal or pipe line company, the collector 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 1 57 

must notify such company either personally or by mail at least 
twenty days before the expiration of the thirty days above men- 
tioned. If a collector fails to give such notice, he will be entitled 
to receive only one per cent, fees for the collection of such 
taxes. This notice may be tiled, in the case of a railroad, with 
the ticket agent of such railroad nearest the district in which 
such tax is assessed, and in the case of a canal or pipe-line 
company, with the president, secretary, or general division super- 
intendent or manager of such company. 

If the tax of any non-resident is more than one dollar, the 
collector should give like notice to such non-resident, if his 
post-office address is known to the collector or if the collector 
can ascertain what such address is from the trustees or the 
clerk of the district. 

Notice of Assessment and Tsix to Railroad Company. — A 
collector within five days after receiving a tax or assessment- 
roll should deliver to the county treasurer a statement showing 
the name of every railroad company appearing on such roll, 
the assessment of real and personal property against such com- 
pany and the amount of tax. The county treasurer should then 
notify the ticket agent of any such railroad company at the 
station nearest to the office of such treasurer of the receipt of 
such statement and the amount of tax to be paid by such 
company. 

Railroad Company May Pay Tax to County Treasurer. — 
A railroad company may pay its school tax, within thirty days 
after receiving notice that such tax has been levied, to the 
treasurer of the county but must add a fee of one per centum 
to the amount of such tax. A railroad company may pay its 
tax direct to the collector of a district. 

Railroad Company's Failure to Pay Tax Within Thirty 
Days. — If a railroad company fails to pay its tax within thirty 
days, the county treasurer should notify the collector of the 
school district. It is then the duty of the collector to proceed 
to collect such tax with five per centum thereto. A collector 



158 NEW YORK SCHOOL LAW 

can not legally proceed to the collection of such tax previous to 
the receipt of such notice from the county treasurer. 

County Treasurer Must Pay Funds to the Collector. — The 
county treasurer should pay any tax paid to him by a railroad 
company to the collector of the district by which such tax was 
levied, together with the one per cent fee collected on such tax. 

Renewals of Warrants. — If any of the taxes on a tax-list are 
not paid previous to the expiration of the trustees' warrant, 
the trustees may renew such warrant and allow the collector 
additional time to collect such unpaid taxes. This renewal 
should be indorsed upon or attached to the original warrant and 
should state the period of time for which it is issued. A warrant 
may be renewed more than once, but the approval of the super- 
visor of the town in which the district is located is necessary. 
Where such approval is not obtained, a warrant can be renewed 
only once. 

Amendment or Correction of Tax-List. — Whenever the trus- 
tees discover that an error has been made in the tax-list, such 
tax-list may be amended or corrected upon application to the 
Commissioner of Education. The application should state the 
exact facts relative to such error, the date of the tax-list, and 
the number of the district and the name of the town in which 
such district is located. 

Filing Tax-List and Warrant. — Within fifteen days after 
any tax-list and warrant has been returned by a collector to the 
trustees of a district, such trustees should deliver such tax-list 
and warrant to the town clerk of the town in which the col- 
lector resides. 

Trustees May Sue for Tax. — When any tax on a tax-list has 
not been paid, either by an individual or a corporation, within 
the time permitted by the warrant or the renewal of a warrant, 
the trustees may in their name of office sue such individual or 
corporation for such unpaid taxes. 

Trustees May Sue Collector's Bond. — For all forfeitures to 
which a collector is liable and for all money which lie may 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 159- 

neglect or refuse to pay to his successors in office, or the treas- 
urer of the district, the trustees may sue the bond of such 
collector. 

Collector's Return of Unpaid Taxes. — The law provides that 
collectors shall make a return to the trustees of all unpaid taxes 
on real estate and upon non-resident stockholders in banking 
associations organized under the laws of congress. This return 
must be made at the time the collector returns his warrant to 
the trustee. A copy of that part of the assessment-roll unpaid 
must be made by the collector, and he must make an affidavit 
before some person authorized to administer oaths that the 
taxes named in such copy are unpaid, and that after diligent 
efforts he has been unable to collect the same. After a collector 
has pursued this course, trustees should credit him with the 
amount of such unpaid taxes, and thus relieve him from the 
liability resulting from negligence in collecting. 

Trustee's Certificate to County Treasurer. — As soon as the 
trustees of any district receive such return from a collector, 
they should compare it with the original tax-list, and if they 
find it to be a true copy, they should attach thereto their cer- 
tificate showing that they have made such comparison and that 
they find such return correct. The trustees should then transmit 
the return of the collector of such unpaid taxes, together witli 
the collector's affidavit and their certificate, to the county treas- 
urer. 

Collection of Such Unpaid Taxes. — The county treasurer 
should present to the board of supervisors of the county the col- 
lector's return of such unpaid taxes, the collector's affidavit, and 
the trustees' certificate of comparison ; and such board of super- 
visors should thereupon assess the amount of such unpaid taxes,, 
with seven per cent, of such sum in addition thereto, upon the- 
very same property upon which the trustees originally assessed 
the tax. If such taxes are then paid, a return should be made 
to the county treasurer. If these taxes should not be paid, the 
county treasurer should render an account thereof to the State 



160 NEW YORK SCHOOL LAW 

Comptroller, and that officer should sell the land on which such taxes 
are assessed as the law directs. 

Any person against whom such unpaid taxes stand may voluntarily 
pay such tax, with five per cent, in addition thereto, to the county 
treasurer, any time before the board of supervisors have directed that 
such tax be levied. 

Payment of Such Unpaid Taxes by County. — The county treasurer, 
upon receiving the required papers to be filed with him, should pay 
to the collector of the district in which such taxes were levied the 
amount of such unpaid taxes from the contingent fund. If there is no 
contingent fund, the board of supervisors should order a draft to be 
drawn upon the county treasurer in payment of such amount, which 
must be paid as all other county charges are paid. 

Collector's Eeceipt. — The tax law requires a school district collector 
to give a written or printed receipt to each person paying a tax. This 
receipt must show the date of payment, name of person, description of 
property, amount of tax, date of delivery of assessment roll. The trus- 
tee must supply the collector with a book of receipts in form approved 
by the State Tax Commissioners. In issuing such receipt the collector 
must fill in the blank stubs the essential facts called for in the receipt. 

Expenditures AVitliout Vote of District. — Trustees may make the fol- 
lowing expenditures and include the same in a tax-list without vote of 
the district: 

1. For the erection of out-buildings, an amount approved by the 
district superintendent. 

2. For repairs on out-buildings, an amount approved by the district 
.superintendent. 

3. For the construction of a stairway on the outside of the school 
building, when such building is two or more stories high, a reasonable 
.amount. 

4. For repairs on school-house, $50. 

5. For repairs on school-house, when directed by the district su- 
perintendent, $200. 

6. For the general running expenses of the district, a reasonable 
amount. 

7. For the salary of teachers, an amount to meet such salary for 
the current school year. 

8. For furniture, $100, when directed by the district superintendent 
laving jurisdiction, and $50, without direction by the district super- 
intendent. 



REVIEW QUESTIONS l6r 

' 9. For the abatement of a nuisance, an amount approved 
Iby the order of the district superintendent having jurisdiction. 

ID. For the erection of a new school-house, when the district 
^superintendent having jurisdiction has issued an order con- 
demning the old building, an amount which the district super- 
intendent states in such order is necessary for the erection of 
a new building. 

II. For school apparatus, $25, 

REVIEW QUESTIONS 

Who is charged with the duty of making out a district tax-list 
When should a tax-list for a tax voted by the district be made out? 
What have the courts ruled on this question? How many taxes may 
a trustee include in one tax-list? When is a tax-list complete? When 
may a tax-list be altered? Explain the nature of the heading which 
should be prefixed to a tax-list. Into how many columns should a paper 
on which a tax-list is made be ruled? State the information which 
should be given in each column. Have trustees the power to include in 
a tax-list the uncollected taxes of a former tax-list? Have they the 
power to assess upon property a tax to meet a loss caused by a 
failure to assess property on a former tax-list? When can the omission 
of trustees to assess property be corrected? 

Upon what real estate must trustees assess district taxes? To whom 
should such property be assessed? What is the law relative to assessing 
real estate lying in one body but in two or more districts? What are 
the three questions to be determined in these cases? How must such 
lands be assessed when they do not comply with these provisions? What 
is non-resident land? How should such land be assessed? State fully 
how it should be placed upon the tax-list. How should it be described? 
Can a collector legally sell the personal property of the owner of non- 
resident land for a tax on such land? When a non-resident owns real 
estate in a school district and when he improves such property himself 
or causes it to be improved by an agent, what is his liability for taxes? 
When such property is occupied by tenants or sub-tenants, to whom 
should it be assessed? 

What personal property should be assessed by trustees for district 
taxes? How is the valuation of property ascertained by trustees? Have 
trustees the power to reduce the valuation of property? What must 
a person do who desires the valuation of his property reduced? What 
is the duty of trustees when such claim is filed. If the trustees 
at any time change the valuation of property, what should they then do? 



l62 NEW YORK SCHOOL LAW 

What notice of completion of tax-list must be given? When the valu- 
ation of property is reduced who are interested parties? What is the 
duty of trustees in relation to real property of the district not found 
on the town assessment-roll? What is their duty in relation to property 
that has increased in value since the last town assessment-roll waS 
revised? What is their duty in relation to personal property not on 
the town assessment-roll? What notice should be given in any of these 
three cases when property is assessed by trustees? 

Who determines whether the property of a district located in two or 
more towns is equitably assessed? When are supervisors required to 
act in this capacity? If such supervisors agree that such property is 
not equitably assessed, what is their duty? What should be done if 
they are unable to agree? 

When is a tenant liable for taxes on land? In cases of doubt, to whom 
should such land be assessed? Who is liable to taxation for real property 
which is in the possession of a person under a contract of purchase? 
Under what conditions and for what taxes may a tenant require his 
landlord to refund the amount of taxes paid by such tenant? Under what 
conditions is a taxable inhabitant of a district exempt from taxation for 
building a school-house? 

What is a trustees' warrant? How is it issued? What authority does 
it give a collector? When may a warrant for a tax voted by the 
district be legally delivered to the collector? When may a warrant for 
a tax which trustees are authorized to levy without a vote of the 
district be delivered to the collector? What general notice of a warrant 
for taxes should a collector give? Where should such notices be posted? 
What special notice should be given to a railroad company or a canal 
or pipe-line company? How should such notice be given? How would 
a failure to give such notice affect the collector? What special notice 
should be given to non-residents? What notice should be given to the 
county treasurer? Explain the two ways in which a railroad company 
may pay its tax. How should such notice be given? May a warrant 
be renewed? By whom? In what manner? May a warrant be renewed 
more than once? In what manner? 

When may a tax-list be amended or corrected? By whom? What 
should the application for this purpose show? May trustees sue for a 
tax? When? For what causes may trustees sue a collector's bond? 
What should trustees do with a tax-list and warrant returned by a 
collector? 

To whom should a collector make a return of unpaid taxes? When 
should such return be made? How should it be made? What effect 
does such return have upon the liability of the collector? Upon receiving- 
such return, what action should trustees take? What should the county 
treasurer do to place the matter properly before the board of 



REVIEW QUESTIONS I 63 

supervisors? What action should be taken by the board of supervisors? 
If these taxes are then paid what should be done with the amount paid? 
If these taxes are not paid, what action should be taken by the county 
treasurer? What should the comptroller then do? How may this 
amount be collected? When may it be voluntarily paid? From what fund 
should the county treasurer pay such tax? To whom? If there is 
no such fund how is such :&x paiu'f 
What expenditures may a trustee make without vote of the district? 



CHAPTER XVI 

STATE SCHOOL MONEYS 

[Article i8] 

Different Funds. — There are three sources from which money- 
has been derived by the State for the support of the pubHc 
school system. These sources are the common-school fund, the 
United States deposit fund, and the free-school fund. These 
funds, together with the literature fund, are known under the 
Finance Law as the Education Fund. 

The Common-School Fund. — Upon the recommendation in 
a special message of Governor Morgan Lewis to the State legis- 
lature in 1805, an act was passed which created this fund. It 
provided that " The net proceeds of five hundred thousand 
acres of the vacant and unappropriated lands of the people of 
this State, which shall be first sold by the Surveyor-General, 
shall be and are hereby appropriated as a permanent fund for 
the support of common schools." The act also provided that no 
distribution should be made until the annual revenues of the 
fund amounted to fifty thousand dollars. This revenue was not 
realized until 1815, when the first distribution was made. This 
fund was apportioned among the counties of the State on the 
basis of population, and each county was required to raise by 
taxation an amount equal to the amount received from the 
State. The revenue derived from these two sources consti- 
tuted the State school moneys for the payment of teachers' 
salaries. When this amount was insufficient to pay the salaries 
of teachers, the balance was raised by rate bills. In 1805, when 
this fund was originated, its capital was nearly fifty-nine thous- 
and dollars ; but in 1910, it had increased to over four million. 



STATE SCHOOL MONEYS 165 

iseven hundred seventy-three thousand dollars. Out of the 
revenue of this fund the legislature annually appropriates for 
common schools one hundred and seventy thousand dollars. 

The United States Deposit Fund. — On June 23, 1836, con- 
gress passed an act providing for the distribution of the surplus 
revenues which were held in the United States treasury at that 
time for safe-keeping among the various states. Of this dis- 
tribution New York received about $4,000,000. It must be under- 
stood that this fund was not given or loaned to the State, but 
was simply placed in its possession for safe-keeping. The 
United States government could recall this money, but probably 
it never will. Under a provision of the State constitution, New 
York is required to keep the amount of this fund equal to the 
amount which was originally deposited. In 1837, by an act of 
the State legislature, this fund was distributed among the 
counties of the State on the basis of population. It was placed 
in the hands of two loan commissioners in each county, who 
were appointed by the Governor, to be loaned by them in their 
county upon bond and mortgage with interest. From the in- 
come derived from this fund, there was appropriated by the 
State legislature in 1838 for the support of common schools, the 
sum of $165,000. This sum was annually appropriated by the 
legislature until 1881, when the appropriation was reduced to 
$75,000, owing to a reduction in the revenue. This reduction 
in revenue was caused by a depreciation in the property on which 
investments from this fund had been made. Since 1881, the 
legislature has annually appropriated from the revenues of this 
fund $75,000, and this sum becomes a part of the State school 
moneys and is used for the support of the public schools. 

The Free-School Fund. — The amount appropriated annually 
by the legislature for the support of common schools is dis- 
cretionary but as the law specifies the amount of a supervision, 
district and teachers quota the legislature must appropriate an 
amount sufficient for this purpose or assume the responsibility 
of changing the basis of apportioning school funds. The first 



l66 NEW YORK SCHOOL LAW 

State tax levied for this purpose was under the authority of an 
act passed in 1851, providing for the sum of $800,000. This 
amount has been gradually increased. The greatest increase was 
in 1867, the year in which the rate-bills were abolished, when 
the legislature increased the amount to be raised from a tax 
of three-fourths of a mill on each dollar of valuation, to one 
and one-fourth mills on the dollar. It was the intent of the 
legislature when this increase was made, to supply funds, which, 
combined with the revenues of the common-school fund and the 
United States deposit fund, would be sufficient to support com- 
mon schools in most of the school districts of the State for at 
least twenty-eight weeks each year. 

The amount of money realized from these sources soon proved 
insufficient, in many cases, to support the schools the required 
time, and the deficiency has been raised by local taxes upon 
school districts. During the school year ending July 31, 1909, 
the entire cost for maintaining and supervising the public school 
system of the State, including all expenditures for normal schools 
and other institutions under the supervision of the Commissioner 
of Education, was $59,927,868.57; and of this amount $5,964,- 
569.92 were received from State funds, $47,918,427.98 were 
raised by local taxes upon the property of school districts and 
cities, and $6,044,870.67 were derived from other sources. 

The amount previously raised" by direct taxation was known 
as the free-school fund but since the amount for this purpose 
has been appropriated from State funds obtained from indirect 
taxation the legislature has not denominated it the free-school 
fund but has appropriated this money for the support of com- 
mon schools. 

Gospel and School Lands. — The origin of these lands may 
be traced back to an act passed by the State legislature, May 
ID, 1784. This was an act to provide for the settlement of the 
waste and unappropriated lands of the State. It was intended 
to include all of such lands located within the boundaries of 
the State. The act provided that such lands should be divided. 



STATE SCHOOL MONEYS 167 

into townships of six miles square, as nearly as possible, and 
that in each of such townships 300 acres of land should be set 
apart for the use of a minister of the gospel, and 690 acres for 
the use of a public school or schools. On May 5, 1786, the 
State legislature passed another act regulating the sale of the 
unappropriated public lands of the State, and providing that the 
Surveyor-General should mark out in each township laid out, 
■one lot for the support of the gospel and schools, as nearly as 
possible in the center of each township, and that such lot should 
not be sold, but reserved for and applied to promoting the gospel 
and the public school or schools in such township. Under the 
provisions of this act, each lot was to contain 640 acres, or as 
nearly that amount as possible. On February 25, 1789, the 
legislature passed another act regulating the sale and disposition 
of lands belonging to the State, and providing that townships 
should be divided into lots containing 250 acres of land or as 
nearly that amount as possible, and that one lot should be re- 
served as nearly in the center of each township as possible, for 
the support of the gospel, and that another lot should likewise 
be reserved for the support of schools in such township. Sub- 
sequent acts of the State legislature provided that the annual 
rents and profits derived from these lots set apart for school 
purposes, should be distributed among the schools in each town 
employing teachers approved by the proper authority, in pro- 
portion to the aggregate attendance of pupils in their respective 
schools. The sale of the gospel and school lands has been 
directed by the State legislature, and the proceeds derived there- 
from authorized to be used for the benefit of the public schools 
in the towns in which such lands were located. In 1910 the 
amount realized from this source and used for school purposes 
in the State was $26,614.82. There are about thirty-eight coun- 
ties in the State which still receive revenue from this fund. 

Literature Fund. — The first act creating this fund was passed 
in 1786. This act provided that unappropriated lands of the 
State should be sold by the Commissioners of the Land Office, 



1 68 NEW YORK SCHOOL LAW 

and the funds used for the promotion of Hterature in the State. 
The revenue derived from the sale of lands under several sub- 
sequent acts was added to this fund. Revenue derived from 
arrears of quit rents in 1819, from the sale of land belonging- 
to the canal fund in 1827, and from the United States Deposit 
Fund in 1836, was also added to this fund. 

The income derived from this fund is apportioned from the 
general fund for educational purposes. The capital of this fund 
is $284,201.32. 

State School Moneys Defined. — The amount appropriated 
by the State legislature from the common-school fund and frona 
the United States deposit fund, the literature fund, together with 
the amount appropriated from the other revenues of the State 
and formerly known as the Free School fund, constitute the 
State school moneys. These funds are apportioned as follows : 

Supervision Quotas to Cities, Villages and Districts Employ- 
ing Superintendents, — Every city in the State and every union 
free-school district in the State having a population of 5,000 
or more — which employs a superintendent of schools, is entitled 
to receive $800. This money must be used for the support of 
the public schools of such city or union free-school district. 
No city or district is entitled to this allowance unless a com- 
petent person is employed as superintendent, who shall give his 
time exclusively to the general supervision of the public schools 
of such city or district. This appropriation is known as a 
supervision quota. 

Enumeration of Inhabitants. — A union free-school district, 
claiming a population of 5,000 and employing a superintendent, 
is not entitled to any allowance in the first instance until an 
enumeration of the inhabitants of such district has been made 
which shall show the population thereof to be at least 5,000. 
The expense of taking such enumeration is a charge upon the 
district in whose interest it is made, and must be paid upon 
the certificate of the Commissioner of Education. In a union 
free-school district whose boundaries are coterminous with the 



STATE SCHOOL MONEYS 169. 

boundaries of an incorporated village the last federal or State 
census of such village may be used. 

District and Teachers' Quotas. — A district or city, to be 
entitled to a district quota must have had school taught therein 
by a duly licensed teacher (or by successive duly licensed teach- 
ers) for at least one hundred and sixty days, inclusive of legal 
holidays, and attendance upon a teachers' institute — which shall 
not exceed three weeks, and exclusive of Saturdays. It is un- 
lawful to count any Saturday as a part of the one hundred and 
sixty days of school required, and it is also unlawful to have 
a school in session on a legal holiday, except general election 
day, Columbus day, Lincoln's Birthday and Washington's Birth- 
day.* 

For every additional duly licensed teacher (or successive 
duly licensed teachers) employed the required time of one hun- 
dred and sixty days, the district, city or orphan asylum shall 
be entitled to one teacher's quota. 

The amount of a district quota is as follows : Each district 
having an assessed valuation of $20,000 or less, $200; each 

* Legal Holidays. — The following days are legal holidays in this 
State : 

January i — New Years Day. 

February 12 — Lincoln's Birthday. 

February 22 — Washington's Birthday. 

May 30 — Memorial Day. 

July 4 — Independence Day. 

First Monday in September — Labor Day. 

October 12 — Columbus Day. 

First Tuesday after first Monday in November — General Election. 

Last Thursday in November — Thanksgiving Day. 

December 25 — Christmas Day. 

The first Thursday in June in each year, except in those years when- 
the first Thursday in June occurs in the same week with Memorial Day,, 
and in such years the second Thursday in June is known as Anniversary- 
Day, and celebrated in commemoration of the organization of Sunday 
Schools, and is a holiday in all public schools in the borough of Brooklyn,. 
City of New York. 

If a legal holiday occurs on Sunday, the day following is observed and 
considered in all respects as a legal holiday. 



170 NEW YORK SCHOOL LAW 

district having an assessed valuation of $40,000 or less but more 
than $20,000, $175 ; each district having an assessed valuation 
of $60,000 or less but more than $40,000, $150; each district 
having an assessed valuation greater than $60,000, each orphan 
asylum having a school conforming to the regulations govern- 
ing the public schools system and each city of the State, $125. 
Each Indian reservation receives a quota of $150 for each teacher 
employed therein for a period of thirty-two weeks or more. 

The amount of a teacher's quota for each city and district 
is $100. 

The distinction between a district quota and a teacher's quota 
should be clearly understood. An examination of sec. 491, edu- 
cation law may give a clearer understanding. 

Training Class Quota. — A school maintaining a training class 
under the regulations of the Department is entitled to a quota 
of $700. Such school would also be entitled to include in the 
number of teachers reported to the Department as employed 
160 days or more the training class teacher and would be entitled 
to a teachers' quota of $100 for such teacher. 

Industrial Education Quota. — The amount of the quota to a 
city or district for maintaining a vocational school, trade school, 
agriculture school, domestic economy school, etc., is $500. (See 
chapter 22 on Industrial Education.) 

For each additional teacher employed in such schools a quota 
-of $200 is apportioned. 

Application of State School Funds. — All moneys apportioned 
to a school district or city by the Commissioner of Education as 
described in the preceding paragraphs, must be used by such 
district or city for the payment of the salaries of duly licensed 
teachers employed in such district or city, or for tuition and 
transportation of pupils. It is a misdemeanor for school authori- 
ties to use this money for any other purpose. 

Allowance to Excluded Districts. — When a school district 
has been excluded from participation in any apportionment by 
failing to make a report required by law or by failing to comply 



STATE SCHOOL MONEYS 171 

"with any other provision of law or with any regulation of the 
Commissioner of Education which he has authority to adopt, 
he may, in his discretion, when it shall be shown to his satisfac- 
tion that such omission was accidental or excusable, allow such 
district an equitable apportionment. If the apportionment was 
made by the Commissioner of Education, he may cause an 
equitable apportionment to be allowed such district to be paid 
out of the contingent fund ; and if the apportionment was made 
by the district superintendent, he has authority to direct them 
to apportion such allowance to the district at their next annual 
apportionment. Such allowance must be in addition to any 
apportionment to which such district may then be entitled. 

May Withhold School Moneys. — The Commissioner of Edu- 
cation may withhold the school money due a district or city for 
willful violation of a provision of law or a regulation of the 
Department. He may also withhold one-half the money due a 
city or district for failure to enforce the compulsory education 
law. 

May Direct Payment of Quota when Teacher was not 
Qualified. — Where a teacher has been employed who was not 
duly qualified, the Commissioner of Education may, in his dis- 
cretion, upon the recommendation of the district superintendent 
having jurisdiction over the district in which such teacher was 
employed, direct that the money equitably apportioned to such 
district shall be paid to such teacher in satisfaction of his or 
her wages. 

May Reclaim Moneys Apportioned. — Whenever money shall 
have been apportioned to a county, part of county, or school 
district to which it was not entitled, and when such money shall 
not have been expended, the Commissioner of Education may 
reclaim such money or excess by directing that such money shall 
be paid by any officer in whose hands it may be, into the State 
Treasury. Such money when reclaimed shall be credited to the 
free-school fund. If such money shall have been expended so 
that it shall be impracticable to reclaim it, the Commissioner 



172 NEW YORK SCHOOL LAW 

of Education shall deduct such amount from the portions of 
the county or district which received it, in his next annual 
apportionment. 

Supplemental Apportionment. — Whenever a school district 
or county shall have received by apportionment a less sum than 
it is entitled to, the Commissioner may make a supplementary 
apportionment to make up such deficiency, which apportionment 
shall be payable out of the contingent fund. If this fund is not 
sufificient for the purpose, the Commissioner shall supply such 
deficiency in his next annual apportionment. 

Certificate of Apportionment. — As soon as possible after the 
Commissioner of Education has made an annual apportionment, 
he should file with the county clerk, the county treasurer, the 
district superintendents, and the city treasurers or chamberlains, 
of every county and city of the State, a certificate of apportion- 
ment for their county or city. When the Commission makes 
a supplemental apportionment, he should file a certificate of such 
apportionment with the county clerk, the county treasurer, and 
the district superintendents of the county in which the school- 
houses of the district are located. 

When School Moneys are Payable. — One-half of the school 
moneys are payable on or before the first day of March and the 
remaining part on or before the fifteenth day of May in each 
year. 

Apportionment by District Superintendent. — The district 
superintendents of each county are required to meet at the county 
seat of their respective counties on or before the fifteenth day 
of February in each year, for the purpose of apportioning and 
dividing the State and other school moneys. 

To Set Apart District Quotas. — The district superintendents 
should first set apart to each school district under their juris- 
diction the district quotas apportioned to such districts by the 
Commissioner of Education. They should also set apart to each 
school district which did not share in the apportionment of the 



STATE SCHOOL MONEYS 173 

previous year, such sum as the Commissioner of Education shall 
have allowed it. 

Unexpended Moneys in Hands of Supervisors. — District 
superintendents should obtain from the treasurer of the county 
a report of the unexpended moneys which were in the hands 
of the supervisors of the various towns in the county on the 
first Tuesday of February, and which were applicable to the 
payment of teachers' wages. The amount in each supervisor's 
hands is charged as a partial payment to his town on the amount 
due that town for district and teachers' quotas. 

Apportionment of Fines Held by County Treasurer. — The 
district superintendents should also obtain from the county treas- 
urer a report of the amount of money paid to him from fines 
and penalties or obtained from any other source for the benefit 
of the schools of any town or for any district in the county. 
If any such money has been received by the county treasurer 
for a school district it shall be set aside by the superintendents 
and credited to such district. If such money has been received 
for the schools of a town, then it shall be placed to the credit 
of such town and shall be apportioned to school districts of such 
town with the other school moneys belonging to the town, and 
shall be used to pay the salaries of teachers. 

Superintendents' Certificate of Apportionment. — After hav- 
ing completed their apportionment, superintendents should make 
and sign two certificates showing the amount apportioned to 
each school district and part of a district, also the towns in 
which the districts are located and the source from which each 
item was derived. One of these certificates should be imme- 
diately filed with the county treasurer and the other with the 
Commissioner of Education. 

Superintendents' Certificate to Supervisors. — The superin- 
tendents should immediately after making an apportionment file 
with each supervisor, in their respective districts, a statement 
showing the amount apportioned to each town and the portions 



174 NEW YORK SCHOOL LAW 

which such supervisors should pay to each school district or 
part of a district. 

Filing Certificate of Apportionment. — Upon receipt of the 
superintendents' certificate of apportionment, supervisors should 
make a copy thereof for their own use, and each should file the 
original in the town clerk's office of his town. 

Correcting Erroneous Apportionment. — The Commissioner 
of Education is required to correct any error made by himself 
or a district superintendent. If a district has not been paid its 
full share of funds the Commissioner of Education may appor- 
tion to such district from the contingent fund any balance to- 
which it is entitled. If a district has been paid too much the 
Commissioner of Education should deduct from^ its next appor- 
tionment such sum as will properly correct the error made. 

Districts Entitled to Share in Apportionment. — No district 
is entitled to share in the apportionment of school moneys unless 
the trustees' report for the preceding school year shows that a 
school was maintained in the district and taught by a qualified 
teacher for at least i6o days, inclusive of legal holidays, ajid of 
attendance upon teachers' institutes — 'which shall not exceed 
three weeks. 

Payment of School Moneys to Supervisors. — After the super- 
visor has given the required bond and the county treasurer has 
received the school money from the State Treasurer, such money 
is paid by the county treasurer to the supervisors of his county, 
who disburse it as required by law. 

For further information, see chapter on " Supervisors, County 
Treasurers, etc." 

Additional Apportionment to Cities, Academic Depart- 
ments and Libraries. — To each city, union school district, and 
non-sectarian academy for each academic department maintained 
therein, $ioo.- 

To each non-sectarian private academy for approved books, 
standard pictures and apparatus an amount equal to the amount 
raised from local sources but not to exceed $250. 



REVIEW QUESTIONS I 75 

To each city for approved books, standard pictures and ap- 
paratus an allowance not to exceed $i8 and two dollars additional 
for each duly licensed teacher employed therein for the legal 
term and $250 for each academic department. 

To each union school district maintaining an academic de- 
partment for approved books, standard pictures and apparatus 
an allowance equal to the amount raised from local sources but 
not to exceed v$268 annually and two dollars additional for each 
teacher employed in the district for the legal term. 

To all other school districts for appro\ c 1 books, geographical 
maps and a globe an allowance not to exceed $18 annually and 
two dollars additional for each duly licensed teacher employed 
in the district for the legal term. 

The amount of tuition paid by the State for non-resident 
tuition in high schools or academic departments is $20 per year 
for not less than thirty-two weeks. (See chapter 18.) 

The balance appropriated for this purpose is then apportioned 
to the high schools and the academic departments on the basis of 
attendance of the pupils therein during the preceding year. 

REVIEW QUESTIONS 

Name three sources from which the State has derived revenue for 
the support of the public school system? What is the Education Fund? 
When was the Common School Fund created? What led to its creation? 
How was it created? When was the first distribution made? What 
was the amount of the revenue of this fund at that time? Upon 
what basis was it apportioned? What were counties required to do to 
participate in the distribution of this revenue? For what was the money- 
derived from these two sources used? When this amount was insufficient 
to pay the salary of teachers, how was the balance raised? What 
was the capital of this fund in 1805 ? In 1901 ? What amount does the 
legislature annually appropriate from this fund for common schools? 

When was the United States Deposit Fund created? By what body? 
How was it created? What amount did New York State receive? 
Was this fund given or loaned to the State? Could this money be 
recalled? What provision does the State constitution make in relation 
to this fund? What disposition was made of this money in 1857? What 
officers have charge of this money? How are they chosen? What 



176 NEW YORK SCHOOL LAW 

■do they do with this money? In 1858 what amount from the revenue 
of this fund was appropriated by the State legislature? For what period 
was this amount appropriated? What amount has been appropriated 
^ince 1881 ? How is the amount appropriated now used? What caused 
ihe reduction in the revenue from this fund? 

What is the Free School Fund? How is the amount annually appro- 
priated determined? When was this fund created? What amount was 
appropriated that year? In what year was the increase greatest? 
Why? What increase was made? What was the evident intent 
■of the legislature when it made this increase? Does the fund 
do this? How is the deficiency raised? What was the cost 
of maintaining the school system of the State in the year 
ending July 31, 1909? How was this money raised? Explain the origin 
of Gospel and School lands. How was the revenue derived from this 
source used? What amount was realized in 1910? How many counties 
now receive revenue from this fund? Trace the origin and purpose of 
the literature fund? What constitute the State school moneys f 

Upon what basis is an apportionment made to cities and villages for 
.supervision? For what purposes must this money be used? What is 
necessary to entitle a city, village or district to an allowance for a 
superintendent? What is a supervision quota? 

When is an enumeration of the inhabitants necessary? How is the expense 
of an enumeration paid? Under whose certificate? When does the Commis- 
sioner of Education make the apportionment? What are district quotas? 
What are teachers' quotas? Upon what basis are district quotas appor- 
tioned? What entitles a district to a district quota? May legal holidays be 
included as any part of the 160 days that schools are required to be 
taught in order to entitle a district to a quota? May Saturdays? May 
a school be lawfully in session on a legal holiday? Name the legal 
holidays in this State. When is a district entitled to more than one 
<quota? How many quotas may a district receive? On what basis are 
■quotas apportioned to cities? What is the amount of a training class 
■quota ? 

What is the amount of a quota for a school maintained under the 
industrial education law? What amount is paid by the State for non- 
resident tuition in high schools? For what purpose must school moneys 
apportioned by the Commissioner of Education be used? What is the 
penalty for using them otherwise? 

For what reasons may a school district be excluded from participating 
in an apportionment? How may an allowance be made in such cases? 
If the apportionment has been made, how may the allowance be made? 
When may the Commissioner of Education withhold the money due a 
district or city? What portion may be withheld from a town? When? 
"What authority has the Commissioner of Education in cases where a 
■district is not entitled to a quota by reason of having employed an 



REVIEW QUESTIONS l']^ 

unqualified teacher? How may that which has been wrongly apportioned 
be reclaimed? What disposition is made of such money when recovered? 
If such money has been expended and cannot be reclaimed, what should 
be done ? What is done with the money thus deducted ? 

What is the remedy when a school district has not received its just 
apportionment? What if this fund is insufhcient? With what officers 
should the Commissioner of Education file a certificate of his annual 
apportionment? What certificate should he file of supplemental appor- 
tionments? When does the law provide that school moneys shall be 
payable? To whom? 

When do district superintendents apportion school money? What 
moneys should they first set apart? How do district superintendents 
ascertain the amount of unexpended moneys in the hands of supervisors? 
What is done with this money? Are these moneys returned by super- 
visors? How are such cases adjusted? How do superintendents ascer- 
tain the amount of fines and penalties? How should records of these 
matters be kept? How should such moneys be apportioned? 

Explain fully how money is apportioned to joint districts. What 
certificate must the superintendents file with the county treasurer and 
the Commissioner of Education? What statement should a superin- 
tendent file with supervisors of the towns of his district? What should 
supervisors do with such statements? How may an erroneous appor- 
tionment be corrected? What school districts are entitled to share in 
an apportionment? What districts are not? From whom does the 
county treasurer obtain the school money? To whom does the county 
treasurer pay it? What does that officer do with it? 



CHAPTER XVII 

COURSES OF STUDY, SUBJECTS INCLUDED, ETC. — PHYSIOLOGY AND- 

HYGIENE 

[Articles lo and ii] 

Authority to Adopt Courses of Study. — Under the educatioa 
law the authority to prescribe courses of study for common- 
school districts is given to the trustees of such districts. 

The authority to prescribe courses of study for union free- 
school districts is given to boards of education of such districts. 

Subjects That Must be Included in Such Courses. — There is 
no direct provision of law naming the subjects that shall con- 
stitute courses of study prepared by trustees and boards of 
education. The only express provision of law requiring that 
any subject shall be taught is the one requiring that physiology 
and hygiene with special reference to the effects of stimulants 
and narcotics shall be taught in all public schools. 

The Compulsory Education Law provides that the children 
who are required by that law to attend upon instruction shall 
be taught in English in the branches of reading, spelling, writing, 
arithmetic, English language, and geography. 

The trustee or trustees of each common-school district and the 
board of education of each union free-school district must 
include in their courses of study these subjects and in addition 
thereto the subject of physiology and hygiene as required by 
law, and such subjects must be taught in all common schools, 
union free schools, or other public schools created by special act. 

Other Subjects May be Included. — Trustees of common- 
school districts have the authority to include in their course of 
study other subjects not named in the preceding paragraph. In 
arranging such courses they should exercise proper discretion. 
If trustees abuse the power granted them in this respect and 



f COURSES OF STUDY 179 

include subjects not practical and not for the best educational 
interests of the district, an appeal should be taken to the Q>m- 
missioner of Education, who has the authority to order that 
such subjects shall not be included in a course of study. 

Authority of Teachers. — A teacher has no authority in arrang- 
ing courses of study and can not direct what studies shall be 
pursued. This is a matter resting solely with trustees. 

In most school districts the task of preparing a course of 
study is referred by trustees to teachers, and teachers prepare 
such courses of study under direction from trustees. 

Authority of Parents. — Parents cannot direct what subjects 
shall be included in a course of study or what subjects their 
children shall pursue. When a child is admitted to any public 
school such child must pursue the course of study prescribed 
by the legal authorities of such school. 

PHYSIOLOGY AND HYGIENE 
[Article 26] 

Character of Instruction. — The law provides that the nature 
of alcoholic drinks and other narcotics and their effects on the 
human system shall be taught as thoroughly as other subjects 
are taught in all schools under State control or supported in 
whole or in part by the public money of the State. Such in- 
struction must also be given in schools connected with reforma- 
tory institutions. This instruction must be given in connection 
with the various divisions of physiology and hygiene. 

Who Shall Receive Instruction. — The pupils in all schools 
described in the preceding paragraph who are below the second 
year of the high school and above the third year of school work, 
counting from the lowest primary, but not including the kinder- 
garten, or who are in corresponding classes in ungraded schools, 
must study and must be taught this subject from suitable text- 
books. All pupils who come within these provisions must be 
supplied with suitable text-books. 



l8o NEW YORK SCHOOL LAW ' 

All pupils in the three lowest primary school years, not in- 
cluding kindergarten, must receive oral instruction. 

Period of Instruction. — The ruling of Superintendent Skinner 
on the subject which is still followed was as follows: 

All pupils above the third year or grade, and below the second 
year of the high school, must study the subject from suitable text- 
books for not less than three lessons a week for ten or more weeks, or 
the equivalent of the same in each year. This requires thirty lessons 
during the school year, which may be given at any time in the discretion 
of the local school authorities. Any plan may be adopted which will 
complete thirty lessons within the school year. 

Where there are nine or more years below the high school, the 
instruction may be omitted above the eighth year and below the high 
school. 

Note. — All pupils in the lowest three primary (not kindergarten) school 
years shall be instructed in this subject orally for not less than two 
lessons a week for ten weeks or the equivalent of the same in each year. 
This requires twenty lessons during each school year, arranged in the 
discretion of local school authorities. 

Text-Books. — All text-books used must be graded to the 
capacities of fourth year, intermediate, grammar, and high school 
pupils, or to corresponding classes in ungraded schools. For 
students below the high-school grade, all text-books must give 
at least one-fifth their space, and for pupils of the high-school 
grade, not less than twenty pages, to the " nature and effects 
of alcoholic drinks and other narcotics." This subject must be 
considered in connection with each division of physiology and 
hygiene. Pages in a separate chapter at the end of a book can 
not be considered in determining the minimum pages which a 
book must contain. 

A text-book which does not comply with these provisions 
can not legally be used. 

Regents' Examinations. — All Regents' examinations in physi- 
ology and hygiene must include a proportionate number of ques- 
tions on the nature of alcoholic drinks and other narcotics and 
their effects on the human system. 

Instruction in Normal Schools, Institutes, and Training 
Classes. — All normal schools in the State, teachers' institutes. 



PHYSIOLOGY AND HYGIENE lOI 

and training classes must give proper time and attention to the 
best methods of teaching this subject. 

Duty of Teacher. — It is the duty of every teacher to teach 
this subject as required by law, and the Commissioner of Edu- 
cation, on satisfactory evidence that any teacher has willfully 
refused to teach the subject, should revoke the license of such 
teacher. 

No teacher can receive a certificate to teach who does not 
pass a satisfactory examination in the subject and the best meth- 
ods of teaching it. 

Apportionment of Public Money. — Before any city can re- 
ceive any of the public money of the State, the superintendent 
of schools of such city must file an affidavit with the city treas- 
urer or chamberlain, and a copy thereof with the Commissioner 
of Education, that he has made an investigation into the facts 
and that to the best of his knowledge and belief all the pro- 
visions of this law have been complied with in the schools under 
his supervision. 

A similar affidavit must be made by the president of the board 
of education of each union free-school district and by the 
trustees of each common-school district and filed with the dis- 
trict superintendents having jurisdiction before such schools 
can receive public money from the State. 

Duties of School Officers. — The law provides that local school 
authorities must provide the necessary facilities and a definite 
time and place for this branch in the regular courses of study. 
Under this provision of law the Commissioner of Education has 
ruled that where school patrons are unable or unwilling to buy 
necessary text-books the local authorities may purchase such 
books at the expense of the district. 

Withholding Public Money. — Where it is established to the 
satisfaction of the Commissioner of Education, upon appeal, that 
any city or school district has failed to comply with the pro- 
visions of this law, he should withhold the public money of 
-isuch city or district until it meets the requirements of the law. 



l82 NEW YORK SCHOOL LAW 

Religious Exercises in Schools. — Religious exercises of any- 
character can not lawfully be conducted in any public school. 
No pupil can lawfully be compelled to remain in school during 
a religious exercise, nor can a pupil be compelled to take part 
in any religious exercise. No part of the time prescribed for a 
public school to be in session can lawfully be devoted to re- 
ligious exercises of any kind. Reading the Bible or repeating 
a prayer is a religious exercise. These statements are based 
upon the uniform rulings and decisions of the State Superintend- 
ents of New York State, and the Commissioner of Education. 

In many cases all the patrons of a school are willing that re- 
ligious, exercises should be held. In any such case, it has been 
the policy of the State Department not to interfere in any way 
with the holding of such exercises. 

Where a portion of the patrons of a school desire the obser- 
vance of religious exercises and pupils assemble in the school- 
room previous to the regular hour for opening school, and no 
objection is made by any taxable inhabitant of the district, such 
exercises may be conducted, provided all pupils are permitted 
to act their pleasure in regard to attendance thereon, and, pro- 
vided the exercises are not continued beyond the hour at which 
the school should regularly convene. Whenever any dissensions 
would arise from conducting religious exercises on this plan, 
such exercises should not be held. 



REVIEW QUESTIONS 

Who have the authority to adopt courses of study for common-school 
districts? For union free-school districts? Does the law provide what 
subjects shall be taught in common schools? What one subject must 
be taught? What subjects does the compulsory education act provide shall 
be taught to children who are required to attend upon instruction? What 
subjects, then, must be included in courses of study? In what schools 
must such subjects be taught? May other subjects be included? What 
is the remedy if trustees include subjects unreasonable, impracticable, etc. 
What authority have teachers in arranging courses of study? What 
authority have parents? Can parents direct what subjects their children 
shall pursue in a public school ? 



REVIEW QUESTIONS 183 

In what schools must the subject of physiology and hygiene be taught? 
What is the provision of law relative to teaching about alcoholic drinks? 
iWhat pupils must study the subject in graded schools? In ungraded 
schools? What about kindergarten pupils? What pupils must use text- 
books? What pupils must receive oral instruction? What period of 
instruction from text-books must each pupil receive? What is the ruling 
of the State Department on this question? What is the ruling relative 
:o oral instruction? How must text-books be graded? What portion of 
text-books for pupils below the high school grade must be given to 
this subject? For pupils above the high school grade? How must 
matters relating to this subject be distributed in text-books? What is 
the law relating to pages on this subject which are put at the end of a 
book? What are the requirements in relation to Regents' examinations? 
What in relation to normal schools, institutes and training classes? What 
is the duty of a teacher in relation to teaching this subject? What 
is the duty of the Commissioner of Education in case a teacher refuses 
to teach the subject? What is required of a teacher under this law 
in order to obtain a certificate? What action must be taken by city 
authorities before cities can receive any of the State funds? By union 
free schools? By common schools? What is the duty of school officers 
under this law? Under what circumstances may school authorities pur- 
chase text-books? What is the duty of the Commissioner of Education 
when any city or school district fails to comply with any of the provisions 
of this law? 

Can religious exercises be lawfully conducted in any public school ? 
Can pupils be required to remain in school during a religious exercise? 
Can a pupil be compelled ta take part in any religious exercise? Can 
any portion of the time prescribed for public school work be devoted 
to religious exercises? Is reading the Bible or repeating a prayer a 
religious exercise? 

Under what conditions might religious exercises be conducted in. a 
public school? 



CHAPTER XVIII 

CONTRACTS FOR EDUCATION OF CHILDREN — TRANSPORTATION OF 

CHILDREN — FREE TUITION IN HIGH SCHOOLS — SAVING BANKS 

VACCINATION. 

[Article 21] 

Contracts Between Districts for Education of Children. — 
Any school district, by a majority vote of the qualified voters 
present and voting, may direct the trustees of such district to 
contract with the trustees or boards of education consenting 
thereto of any district or city for the education of its children. 
Such contract shall be for such period as agreed upon and shall 
not exceed one school y^ar. This contract must be written and 
in the form prescribed by the Commissioner of Education. It 
should be certified by the trustees of each of the districts, or, if 
either of the districts has a board of education, by the secre- 
tary of such board, and filed with the Commissioner of Education. 
If such contract is approved by the Commissioner of Education 
the district "whose children are educated under such contract 
shall be deemed to have employed a qualified teacher for the 
period of such contract. Such contract is not binding upon 
cither party until it is approved by the Commissioner of Educa- 
tion. Whenever the period of such contract, combined with the 
period of time school is actually taught in such districts by a 
qualified teacher, amounts to at least 160 days, such district 
shall be entitled to receive a district quota. In no instance, how- 
ever, can a school district receive a greater amount of public 
money than the total expense incurred in payment of tuition 
and transportation of pupils. 

The Legislature of 1904 amended this law by providing that a 
district could contract for the education of part of its children. 



CONTRACTS FOR EDUCATION OF CHILDREN 1 85 

The education department has ruled that such contract may be 
made when such children are so located in a district that they 
may attend the school in an adjoining district more conveniently 
than the school in their own district, when better facilities will 
be afforded by contracting with two or more districts ; and when 
the parents of all the children of a particular grade or grades 
below the eighth grade will consent to the education of their 
children in another district. 

When a district maintains a school and in addition thereto 
makes a contract for the education of at least twelve of its chil- 
dren, such district is entitled to its district quota, and also to a 
teacher's quota if the expense under such contract, including 
transportation of pupils, equals or exceeds a teacher's quota. 
When the amount is less than a quota a like amount will be 
apportioned the district. 

Transportation of Pupils. — When the voters of any school 
district meeting have authorized a contract with the school 
authorities of any city or other school district for the educa- 
tion therein of its children of school age, they may also author- 
ize a tax to pay the expenses of conveying the children of such 
district to the schools of the city or school district with which 
such contract has been made. When such contract has been 
made the trustees of a district may use any portion of the district 
quota to pay for the education of such children under the terms 
of such contract, and also for the expenses of the transporta- 
tion of such children. 

If any of the children of school age in a district live so remote 
from the school-house therein that they are practically deprived 
of school advantages during any portion of the school year, the 
voters at a district meeting may provide for the transportation 
of such children from their homes to the school-house of the 
district. The expense therefor may be met by a district tax, or 
it may be paid out of the district quota apportioned the district. 

Parents Not Entitled to Compensation for Conveying Pupils. 
— To vote compensation to a parent from the public funds for 



386 NEW YORK SCHOOL LAW 

taking his child to and from school was not intended under the 
contract law. Payment to a parent for conveying his children 
to school comes dangerously near being an improper considera- 
tion to influence his vote in favor of the contract system when it 
might be more desirable to maintain a home school. A school 
district should maintain a home school unless it clearly appears 
that the district is too weak financially and numerically to do 
so. Even then it should be clearly shown that the educational 
facilities of the district will be improved by contracting, and that 
it may be done without imposing undue hardships upon the chil- 
dren required to attend school under such contract. Beyond 
that the intent of the law in providing for transportation was 
that it should be regular and daily; that individual parents 
should not derive pecuniary advantage from it ; and that noth- 
ing should be left to parental convenience or caprice. The 
general rule should be that one person of proper character, 
furnishing suitable accommodations, should be regularly em- 
ployed, and the contract for transportation should be awarded, 
after opportunity for competition, to the most reliable party 
who will furnish the best transportation at the lowest cost to 
the district. (Com'r Draper, No. 5219, October 31, 1905.) 

The Commissioner of Education will not approve a contract 
for the education of children when it is shown that the distance 
such children must travel to attend school is so great as to prac- 
tically deprive them of school privileges, until transportation is 
provided for such children. 

FREE TUITION FOR NON-RESIDENT PUPILS IN ACADEMIC 

DEPARTMENTS 

[Section 493] 

Object. — The object of this law which has caused so much 

discussion is to bring within the reach of every boy and girl in 

the State a complete academic education without charge for 

tuition. 

Approved Schools. — No school can re:eive tuition from the 
State for the attendance of pupils unde* this act unless such 



FREE TUITION IN ACADEMIC DEPARTMENTS 187 

school is approved by the State Education Department. To be 
approved a school must maintain a satisfactory course of study, 
sufficient teaching force, adequate equipment, and suitable school 
building facilities. 

Schools Entitled to Compensation. — To entitle a school to 
receive compensation for the instruction of non-resident pupils, 
such pupils must have been in regular attendance in the aca- 
demic department thereof for a period of not less than eight 
weeks, and they must reside in districts of the State not main- 
taining an academic department. 

Pupils Who May be Admitted. — All pupils residing within 
the State and in districts not maintaining an academic depart- 
ment may be admitted into any of the approved schools free 
of tuition by presenting to the local authorities a Regents' pre- 
liminary certificate. Students possessing equivalent qualifica- 
tions covering elementary work will be admitted after their cre- 
dentials have been approved by the State Education Depart- 
ment. The holders of uniform teachers' certificates meet the 
requirements. Pupils are not required to attend the school near- 
est their residence, but may attend any approved school where 
the school authorities admit them under this act. Pupils residing 
in districts which maintain less than a four years' course may 
be admitted to schools of higher grade after completing the 
course of study prescribed for the school of the district in 
which they reside. 

Schools Cannot Charge Pnpils. — A school receiving non-resident 
pupils at State expense must accept what the State offers in full pay- 
ment for tuition unless the pupils reside in a town adjacent to a city 
or union free school district having a population of five thousand or 
more in which the high school which they are attending is located. 
In such case a district may, with the approval of the Commissioner of 
Education, charge a pupil its customary rate of tuition upon the con- 
dition that the district in which the student resides assumes the differ^ 
-ence between the amount paid by the State and the amount of tuition 
charged. 

A school is not required to furnish non-resident students 



l88 NEW YORK SCHOOL LAW 

with free text-books or any other accommodation not fairly 
included under the term tuition. 

Schools Need Not Accept State Pupils. — No school in the 
State is required under this law to accept non-resident pupiU 
under this act, and schools which do not may accept non-resi- 
dent pupils under such conditions and charges for tuition as 
may be agreed upon between the school authorities of such school 
and such non-resident pupils. 

Tuition Not Chargeable for Certain Students. — An approved 
school receiving non-resident pupils under this act will not be 
entitled to tuition for members of teachers' training schools or 
training classes. Nor will such schools be entitled to tuition 
for pupils in the academic department from districts contracting" 
with such approved school for the education of their children. 
The State will not pay the tuition of non-resident pupils in 
attendance on any department or grade below the academic 
department. 

Compensation. — An approved school receiving non-resident 
pupils under this act is entitled to $20 per year tuition for a 
school year of at least thirty-two weeks, or a proportionate 
amount for a shorter period of attendance of not less than eight 
weeks. 

SCHOOL SAVINGS BANK 
[Section 160 — Banking Law] 

General Statement. — The legislature of 1904 amended the 
banking law by authorizing school savings banks in the public 
schools of the State. This action was necessary in view of an 
opinion of the State Attorney-General, in order to legalize a 
growing practice in many schools intended to inculcate prin- 
ciples of thrift and economy at an early period of the child's life. 

Who May Collect Money. — The principal of any public 
school in the State or a superintendent of schools, or any other 
person designated for that purpose by a board of education, 
may collect from pupils once a week or from time to time small 
amounts of savings. 



VACCINATION l8g 

How Deposited. — Such savings shall be deposited on the day 
collected by the person making such collection in a savings bank 
of the State. Such deposits must be to the credit of the respec- 
tive pupils from whom it was collected. If the amount collected 
at any one time shall be insufficient for the opening of individual 
accounts, it shall be deposited in the name of the principal or 
superintendent in trust and to be transferred to the credit of 
the respective pupils to whom it belongs when the amount is 
sufficient for that purpose. 

Data to be Furnished Bank. — Principals or superintendents 
must furnish banks in which such deposits are made a list of 
the names of such depositors, their ages, signatures, addresses, 
place of birth, parents' names, and any other data required 
by such banks. 

Penalty for Violation of This Law. — For the purposes of 
this law it is lawful to use the terms " School Savings Banks," 
or " System of School Savings Banks " in circulars and other- 
wise, but for a violation thereof a penalty of $ioo is imposed 
for each offense and for each day such offense is continued. 

VACCINATION 
[Chapter 49, Public Health Law] 

The Court of Appeals, in a decision recently rendered declared 
that part of the public health law relating to the vaccination of 
children constitutional. This law applies to cities as well as 
school districts. 

The Supreme Court of the United States also held that the 
Massachusetts law, which is similar to the New York law, was 
not an infraction of the United States Constitution. Opinion by 
Justice Harlan, February 20, 1905. 

Pupils Not Vaccinated Can Not Attend School. — No child 
or person who has not been vaccinated shall be admitted or 
received into any public school of the State. Trustees are 
required to enforce this provision of the law. 



Zgo NEW YORK SCHOOL LAW 

Notice by Trustees. — When this law is not compHed with 
trustees must give ten days' notice of their intention to enforce 
it and must provide for free vaccination of the poor. Such 
notice must be posted in two conspicuous places of the district 
or city and must state the provision which has been made for 
the vaccination of children whose parents or guardians are unable 
to procure vaccination for them. 

Appointment of Physician. — Boards of trustees are author- 
ized to appoint a competent physician and fix his compensation 
for vaccination of children under this provision of law. 

Duty of Physician. — It is the duty of such physician to ascer- 
tain the number of children of school age who have not been 
vaccinated, and prepare a list of their names and file such list 
with the board of trustees. Such physician shall also vaccinate 
such persons as the board of trustees shall direct, and shall issue 
to them certificates of vaccination. 

Expenses, How Paid. — The expenses incurred under this law 
are chargeable to the district or city as an expense for main- 
taining school and shall be levied and collected in the same 
manner as other school expenses. 

Report of Trustees. — Trustees of school districts are required 
in their annual report to include the number of vaccinated and 
the number of unvaccinated children of school age. 

REVIEW QUESTIONS 

How may a district determine to contract for the education of its 
children? With whom may it contract? For what period? Where 
must contract be filed? In what form? What approval is necessary? 
Is a contrast valid without such approval ? What effect does such contract 
have upon the right of the district to State funds? When will a district 
be entitled to a district quota? What is the maximum amount a district 
may receive? When may a district contract for part of its children? 
What amount will then be apportioned a district? 

How may transportation of pupils be authorized? Who makes such 
contract? From what funds may the expense of such contract be paid? 
When may a district not under contract provide for the transportation 
of its pupils? When will the Commissioner of Education refuse to 
approve contracts? 



REVIEW QUESTIONS igx 

What was the object of the non-resident free tuition law? What schools 
will be approved? What schools are entitled to compensation? What pupils 
may be admitted under this law ? May additional tuition be charged pupils ? 
Are schools compelled to admit pupils under this law? For what pupils are 
schools prohibited from charging tuition? What tuition is paid by the 
State ? 

What is the object of the school savings bank law? Who may collect 
money? How must such money be deposited? What data must be 
furnished banks? What penalty is prescribed for violation of this law? 

Who is required to enforce the vaccination law ? What notice must 
trustees give? What power has the board in relation to appointment of 
physician ? What are the duties of such physician ? How are the expenses 
of enforcement of this law paid ? What report to trustees must be made ^ 



CHAPTER XIX 

teachers' qualifications, certificates, contracts, powers 

and duties 
[Article 20] 

Who are Legally Qualified to Teach. — No person is legally 
■qualified to teach in a public school in any supervisory district 
who does not hold either a State certificate, a college graduate's 
<:ertificate, a normal school diploma, a temporary license, a school 
commissioner's certificate or a district superintendent's certifi- 
cate. To be legally qualified to teach in a city, a person must 
hold one of the first three certificates above named or a certificate 
issued by the school authorities of the city in which such person 
•desires to contract. 

Age of Teachers. — No person can legally be licensed to teach 
in a public school of this State who is not at least eighteen years 
of age. 

State Certificates. — These certificates have been issued by 
■either the State Superintendent of Public Instruction or the 
•Commissioner of Education since 1875, upon examination only. 
Their holders are legally qualified to teach for life in the public 
schools of the State without further examination. Previous to 
1875, these certificates were issued by the State Superintendent 
upon recommendation. No examinations were required. Such 
•certificates confer the same rights upon those holding them as 
State certificates issued since 1875. Candidates must pass the 
required examinations and must have taught successfully for two 
years, to be eligible to receive one of these certificates. 

College Certificates. — A certificate, valid for three years in 
all schools, will be issued to any graduate of a college approved 
"by the State Commissioner of Education, who shall have com- 
pleted therein a course in education under the regulations of the 



teachers' qualifications, etc. 193 

State Education Department. On evidence of three years suc- 
cessful experience in teaching a permanent certificate will be 
issued. 

A certificate, valid for two years, will be granted to a graduate 
of an approved course in an approved college. If during this 
term the holder shall pass an examination in psychology, history 
of education, the principles of teaching and methods of teach- 
ing, the certificate will be renewed for one year. This certificate 
entitles its holder to teach in high schools and in rural schools 
or in all schools except primary and grammar grades in cities 
and villages of 5,000 or more. At the end of three years suc- 
cessful experience in teaching a college graduate certificate will 
be issued, valid for life. 

Normal School Diplomas. — These diplomas are issued by the 
normal school authorities to students who have completed one 
of the prescribed courses of these schools. Such diplomas legally 
qualify those who hold them to teach for life in the public 
schools of the State without further examination. 

Commissioners' Uniform Certificates. — These certificates 
were issued by school commissioners under such regulations as 
the Commissioner of Education prescribes.* This class of cer- 
tificates now in force are first grade, training-class certificates, 
and special certificates known as drawing, kindergarten, vocal- 
music, elocution, commercial and manual training. 

First, second and third grade certificates are no longer issued. 

First Grade. — These certificates are valid for ten years, and 
upon expiration they may be renewed, without examination^ by 
any district superintendent in the State for a like period, pro- 
vided their holders have taught under them five years. These 
certificates are valid in the supervisory district for which they 
are issued, and upon indorsement by the district superintendent 
"having jurisdiction, they become valid in any supervisory dis- 



* The regulations under which these certificates are issued may be 
obtained at any time from the Education Department. 



194 NEW YORK SCHOOL LEW 

trict in the State. Candidates must have had two years' experi- 
ence, to be eligible to receive one of these certificates. 

Training Class. — These certificates are issued to those who^ 
complete one year's work in a training class under the super- 
vision of the Education Department. 

Training School Certificates. — These certificates are issued 
for three years by city superintendents to those who complete 
a course in a training school. They are renewable for ten years 
without examination, and district superintendents are required 
to indorse them. 

Drawing Certificates. — These certificates are issued to special 
teachers of drawing. They entitled those holding them to teach 
drawing only. A person who holds a drawing certificate and a 
general certificate of any grade may teach drawing and do 
general teaching also. Drawing certificates are valid for three 
years, and may be renewed without examination for a period 
of ten years in the same manner as first-grade certificates are 
renewed. 

Kindergarten Certificates. — The holders of these certificates 
are entitled to teach kindergarten only. The holder of a kinder- 
garten certificate, however, who also holds another certificate 
permitting general teaching, is not debarred from teaching under 
such other certificate. These certificates are valid for three 
years, and may be renewed under the same provisions as those 
which govern the renewal of first-grade certificates. 

Vocal-Music Certificates. — These certificates are issued with- 
out examination, are valid for three years, and may be renewed. 
A candidate to receive a certificate of this kind must show to 
the satisfaction of the Commissioner of Education that she has 
received sufficient professional training in vocal music and has 
had sufficient experience in teaching the subject, to be well quali- 
fied to receive such certificate and that she completed a high- 
school course or its equivalent. 

Elementary Certificates. — These certificates are issued by 
district superintendents for a period of two years. The holders 



TEACHERS' QUALIFICATIONS, ETC. 195 

of these certificates may teach in schools which do not maintain 
academic departments subject to the approval of the superin- 
tendent. These certificates are not renewed but may be extended 
one year for each count of academic work completed while 
they are in force, and may also be indorsed by district super- 
intendents. 

Academic Certificates. — These certificates are issued by dis- 
trict superintendents for a period of three years, are limited to 
schools approved by district superintendents and are not valid 
in schools which maintain an academic department. But one 
certificate will be issued to the same person, and such certificate 
will not be renewed or extended, but may be endorsed by dis- 
trict superintendents. To receive such certificate a candidate 
must hold a Regents' academic diploma. 

General Certificates. — A State certificate, a college-graduate 
certificate, a normal-school diploma, a training-school certificate, 
a professional certificate, a training-class certificate and a first- 
grade certificate, may be regarded as general certificates to dis- 
tinguish them from special certificates. These general certificates 
state that their holders are properly qualified and are entitled to 
teach in the public schools. Such certificates do not restrict 
their holders to the teaching of any particular subject. A special 
certificate does so restrict, as, for instance, a drawing certificate 
entitles its holder to teach drawing only. The holder of any 
one of these general certificates may, therefore, teach any special 
subject, as drawing or kindergarten, without holding a special 
certificate. 

Temporary Licenses. — The Commissioner of Education may, 
in his discretion, issue a temporary license, valid in a school 
district, a supervisory district or a city for a period not to exceed 
one year, whenever in his judgment it is necessary or expedient 
to do so. 

Refusal to Issue Certificates. — A district superintendent may 
refuse to issue a certificate to a person who has passed the 
required examination, if a valid reason is assigned for such 



196 NEW YORK SCHOOL LAW 

refusal. In cases of this kind, the aggrieved party may appeal 
to the Commissioner of Education from the action of the super- 
intendent in refusing to issue his certificate. If in the judg- 
ment of such commissioner the reasons given by the super- 
intendent are vaHd, such superintendent will be sustained in his 
refusal to issue such certificate, but if the Commissioner of 
Education does not consider the superintendent's reasons valid, 
he will direct such superintendent to issue the certificate. Im- 
moral character or lack of ability to govern or manage a school 
has been held to be a valid reason for withholding a certificate. 

Indorsement of Certificates by the Commissioner of Edu- 
cation. — The Commissioner of Education may in his discretion 
indorse State certificates issued in other States, or normal-school 
diplomas issued by the authorities of normal schools of other 
States. When such certificates are indorsed by the commis- 
sioner they have all the force and efifect of State certificates and 
normal-school diplomas issued by the proper authorities of this 
State. 

Indorsement of Certificates by District Superintendents. — 
District superintendents are required under the regulations pre- 
scribed by the Commissioner of Education to indorse first grade, 
training-class and special certificates issued under the Depart- 
ment regulations, or to assign valid reasons for refusing to 
do so. When such certificates are indorsed by another super- 
intendent they have the same value in the district of the super- 
intendent who indorsed them as in the supervisory district for 
which they were originally issued. 

The Commissioner of Education holds that the holders of 
certificates which district superintendents are required under 
his regulations to indorse are legally qualified to contract to 
teach in any supervisory district in the State. They may legally 
contract in such districts before their certificates have been 
indorsed by the superintendent having jurisdiction. After mak- 
ing a contract in a supervisory district other than the one for 
which a certificate is valid, the holder of such certificate should 



teachers' qualifications, etc. 197 

present it for indorsement to the superintendent having juris- 
diction over the district for which such contract was made. If 
a superintendent refuses to indorse such certificate, its holder 
may appeal from the action of the superintendent to the Com- 
missioner of Education, who will determine upon the validity 
of the reasans assigned by the superintendent in refusing his 
indorsement. (No. 4888.) 

Payment of Unqualified Teachers. — No part of the school 
moneys apportioned to a school district can be applied to the 
payment of the salary of an unqualified teacher. Nor can the 
salary of an unqualified teacher be collected by a tax upon 
the district. Any trustee who applies such money or who directs 
or consents to the use of such money contrary to these pro- 
visions, is guilty of a misdemeanor. Any fine imposed therefor 
must be for the benefit of the common schools of the district. 
Any trustee or trustees who employ unqualified teachers are 
personally responsible to suck teachers for their salary. 

A trustee or trustees who wilfully employ a teacher not legally 
qualified may also be removed from office by the Commissioner 
of Education. 

Revocation of Certificates. — There are two authorities by 
either of whom teachers' certificates may be revoked, namely, the 
Commissioner of Education and a district superintendent. The 
Commissioner of Education may revoke a certificate of any 
grade by whomsoever issued, for all reasons on which such 
action may be legally taken. Since the enactment of the con- 
solidated school law of 1894, school commissioners have had 
authority to revoke certificates on the ground of immoral con- 
duct only and district superintendents possess this power. On 
this ground a district superintendent may revoke a State cer- 
tificate, a normal-school diploma, a college-graduates' certificate, 
or a certificate issued by any district superintendent in the State. 
Whenever charges have been preferred to a district super- 
intendent against the moral character of a teacher, it is the duty 
of the superintendent to furnish such teacher a copy of these 



198 NEW YORK SCHOOL LAW 

charges and also to notify the teacher of a time and place at 
which a hearing will be given thereon. At this hearing the 
evidence in support of such charges must be presented, after 
which the accused is entitled to present evidence to disprove 
such charges. The accused is also entitled to be represented 
by counsel. When a certificate issued by the Commissioner of 
Education or a normal-school diploma is revoked by a super- 
intendent on these grounds, the superintendent should imme- 
diately file with the Commissioner of Education a notice of 
such action. 

A district superintendent cannot revoke a certificate for de- 
ficiency in scholarship or for inability to manage or govern a 
school. These are questions which the superintendent should 
have determined before issuing a certificate. The issuance of 
the certificate presupposes that proper investigation has been 
made in regard to the candidate's qualifications, and that such 
qualifications have been found to be satisfactory to the super- 
intendent. The only authority to revoke a certificate on this 
ground is the Commissioner of Education. 

There are two ways of disposing of an inefficient teacher. One 
way is to establish such inefficiency to the satisfaction of the 
Commissioner of Education, upon direct appeal for that purpose 
in due form. The Commissioner of Education will then revoke 
the certificate of such teacher. The second method is for the 
board of trustees to dismiss the teacher. Then, if the teacher 
appeals from the action of the board, the Commissioner of 
Education becomes the judge of the validity of the grounds upon 
which the board based its action. The charge of inefficiency 
must in this case, also, be proved to the satisfaction of the 
Commissioner of Education. If proved, he will sustain the 
action of the board. 

A certificate should not be revoked for immoral conduct which 
occurred previous to the issuance of the certificate if such con- 
duct was known to the official who issued the certificate at the 
time he issued it. 



TEACHERS QUALIFICATIONS, ETC. I99 

Charges of immoral conduct against a teacher must be definite 
and specific so that the accused will know with just what acts 
he is charged. A superintendent has no power to place the holder 
of a certificate upon trial on general charges of immoral conduct. 

The education law provides that certificates may be revoked 
for the following specific causes : 

1. Failure to attend teachers' institute as required by law. 

2. Failure to complete an agreement to teach a term of school 
without assigning a valid reason. 

3. Immoral conduct. 

In cases which have come before the Commissioner of Edu- 
cation upon appeal it has been held that certificates may be 
revoked for a teacher inflicting upon a pupil unreasonable, un- 
necessary, and cruel punishment, and also for intemperance upon 
the part of the teacher. 

Superintendent Draper held that the severe penalty of revok- 
ing a certificate should not be imposed except for a cause suf- 
ficiently grave to justify a permanent prohibition of the right to 
teach. (No. 3572.) 

In an appeal case decided, by Superintendent Skinner the broad 
and reasonable principle was maintained that the general con- 
duct of a teacher should be such as to inspire the fullest con- 
fidence of parents, and that when the acts and general conduct 
of a teacher were such as to produce the opposite result, such 
teacher was unfit to be permitted to remain in the teaching 
service. (No. 4644.) 

The revocation of a certificate terminates any existing con- 
tract between the holder of such certificate and a trustee or 
trustees. 

Who May Contract. — Any person can enter into contract to 
teach a public school who holds a legal certificate of qualification. 

Contracts with Minors. — A minor may contract with a board 
■of trustees to teach a public school. A minor making such con- 
tract must complete the term of contract, and for a failure 



200 NEW YORK SCHOOL LAW 

to do this without a vaHd reason, such minor's certificates- 
may be revoked. Under the general law of contracts, a minor 
would not be responsible to a board of trustees for any damage 
claimed by reason of such minor's failing to comply with the 
terms of his contract. 

Contracts with Married Women. — The domestic relations 
law gives married women the right to make contracts and ta 
receive compensation thereon. 

By Whom Employed. — Teachers must be employed by the 
trustees of the districts or by the board of education. A school 
district meeting cannot direct what teachers shall be employed. 
This is a power to be exercised solely by the trustees or by a 
board of education. 

Employment of Relatives. — No person related to one or more 
of the trustees of a common-school district by blood or marriage 
can be employed by such trustees unless such action is approved 
by two-thirds of the voters of such district present and voting 
at an annual or a special meeting of the district. 

In a union free-school district no person can be employed by 
a board of education, who is related by blood or marriage to 
any member of the board, except by a two-thirds vote of such 
board, and such vote should be entered upon the proceedings 
of the board. 

When a teacher, who is a relative of a trustee of a common- 
school district or of a member of a board of education, has been 
employed under the approval of such district or such board as 
stated above, and the same trustees or board of education desire 
to employ such teacher for the next ensuing year, it is not neces- 
sary to obtain a second approval of such district or board. 
(D. 4588.) 

Period of Employment. — A trustee or trustees cannot employ 
a teacher for a shorter period than ten weeks, except to fill out 
an unexpired term. Nor can a trustee or trustees contract with 
a teacher for a longer period of time than that for which such 
teacher's certificate of qualification is valid. All contracts must 



TEACHERS QUALIFICATIONS, ETC. 20t 

be for a specific time. A trustee cannot legally employ a teacher 
for " as long as her work is satisfactory." 

The sole trustee of a district may not contract for the em- 
ployment of a teacher for a period extending beyond his term 
of office. 

A teacher employed contrary to these provisions has no claim 
against the district for salary, but she may enforce the contract 
against those making such contract as individuals. 

Form of Contract. — Trustees are required to make and deliver 
to each teacher employed a xvritten contract. This contract must 
be signed by the trustee or trustees or some person authorized 
by said trustee or trustees to represent them. 

This contract should show the agreement between the trus- 
tees and teacher in relation to the period of employment, the 
amount of compensation, and when the same shall be payable. 
It is also advisable to state in the contract whether the teacher 
is to be employed in a primary or grammar department, or to 
perform work along special lines, or to act as the principal. 

A verbal contract the terms of which can be proved is binding- 
and can be enforced. It is advisable, however, for trustees to 
issue written contracts and for teachers to insist on receiving- 
them. The burden of establishing a verbal contract is generally 
on the teacher. 

In a district having more than one trustee, the contract must 
be made by a majority of such trustees and at a meeting regu- 
larly held. The contract is not legal if the consent of the trus- 
tees is obtained separately and not at a meeting properly con- 
vened. A contract made by one trustee when duly authorized 
to act as the agent of the other trustees of the district is binding. 
When Compensation is Due. — Teachers can require trustees 
to pay them as often at least as at the end of each calendar 
month of the term of employment. A contract cannot legally 
be made providing that a teacher shall not be paid until the 
end of the term. A contract providing that a teacher shall not 
be paid as often as at the end of each calendar month is not 



:202 NEW YORK SCHOOL LAW 

binding, and such teacher can insist upon payments being made 
at the end of each calendar month. There is no legal objection 
to a contract which provides that a teacher shall be paid oftener 
than at the end of each month. 

(At the close of this chapter the form of contract prepared 
by the Education Department is given. Any other good form 
may be used.) 

Orders on Supervisors and District Collector or Treasurer. 
— The law provides that trustees may issue orders on the super- 
visor of the town and on the collector or treasurer of the district 
in payment of teachers' salaries. The law also makes it a mis- 
<iemeanor for a trustee to issue an order on any of these officers 
unless there are sufficient funds in the hands of such officer 
to pay the same. Teachers are therefore required under the 
law to accept such orders properly issued in payment of their 
salaries. A teacher is not, however, required to accept a check 
from a supervisor, collector, or treasurer. These officers are 
required to honor such orders by paying the money thereon. 

Payment When School is Closed. — Whenever school is closed 
by proper authorities during a term for which a teacher has been 
engaged and the teacher is thereby restrained or prevented from 
teaching, such teacher is entitled to full compensation for the 
time school is thus closed. Cases of this kind arise when a 
school is closed by the school authorities or the health authorities, 
owing to the prevalence of a contagious disease, or when the 
school-house has been destroyed by fire or otherwise. Trustees 
of rural schools often direct that schools shall be closed for a 
day for funerals and other occasions, and in all such cases the 
teachers employed in such schools are entitled to full compen- 
sation for such time. When a trustees refuses to pay a teacher 
for such time, the remedy for the teacher is to appeal in proper 
form to the Commissioner of Education. 

Dismissal of Teachers. — A teacher cannot be dismissed during 
a term of employment except for reasons which the Commis- 
sioner of Education would consider sufficient if brought before 



TEACHERS QUALIFICATIONS, ETC. 203 

liim upon appeal. Breach of contract, neglect of duty, immoral 
conduct have each been held to be sufficient reasons. 

Whenever a teacher is dismissed by a board of trustees with- 
out sufficient cause, he should hold himself in readiness to com- 
plete his contract and should make all reasonable efforts to do 
so. Under these circumstances a teacher would be entitled to 
full compensation for that portion of the term for which he 
was employed, but during which he did not teach owing to his 
being dismissed. If a teacher acquiesces in the action of a 
board of trustees in dismissing him, he is not entitled to com- 
pensation for the portion of the term which he failed to teach 
on account of such dismissal. 

A board of trustees may dismiss a teacher without cause upon 
paying such teacher full compensation for t*he whole period for 
which such teacher was employed. 

The teachers' remedy in these cases is to be found either in 
the courts or in an appeal to the Commissioner of Education. 
The latter is preferable. The appeal may be for a reinstatement 
in the position from which the teacher was dismissed or for the 
payment of salary for the time the teacher was deprived from 
teaching. 

Record of Attendance. — It is the duty of teachers to keep a 
record of attendance of all pupils in the school register provided 
for that purpose. This record must be kept as required under 
the directions given in the register which is prepared under the 
supervision of the Commissioner of Education. It is important 
that these records shall be kept accurately, as they form the 
basis for apportioning part of the State school moneys and are 
also important in connection with the enforcement of the com- 
pulsory-attendance law. 

Teachers are responsible for the safe keeping of these records 
and should deliver them upon the close of their term of engage- 
ment to the clerk of the district. 

Verification of Records. — Teachers are required to make affi- 
davit to the correctness of the register kept by them. This 



204 NEW YORK SCHOOL LAW 

affidavit may be taken by the district clerk and without charge. 
A teacher is not entitled to receive pay for any time taught 
until affidavit is made to the correctness of the register for the 
period for which payment is made. 

Rules and Regulations for Teachers. — A board of trustees 
may prescribe general rules for the management of the school. 
When such rules have been adopted, it is the duty of teachers to 
enforce them, and so far as they affect the teachers themselves 
• to comply with them. The members of a board of trustees have 
no authority to enter the school-room to direct any of the work 
in progress or to direct the method of enforcing the rules of 
the board. This power rests solely with the teacher. 

School Hours. — The school law does not define the hours that 
shall be devoted to school work. Custom has fixed the hours 
from 9 A. M. to 12 m. and from i p. m. to 4 p. m. An inter- 
mission of ten or fifteen minutes is given each half-day session. 
The board of trustees of a district may, however, designate 
other hours during which the school shall be in session. If 
these hours are reasonable, it is the duty of teachers to conduct 
school during the hours designated. If unreasonable hours are 
designated by a board, the Commissioner of Education may, upon 
appeal in due form, modify the hours fixed by such board. 

Closing School. — A teacher has no authority to close school 
on any school day without the consent of the board of trustees. 
A teacher who does close school on a school day without such 
consent is guilty of a breach of contract, and may be dismissed 
by the board. The consent of trustees is not necessary in order 
to close school on a legal holiday or a general election day, or 
for the purpose of attending a teachers' institute, as required 
by law. 

Janitor Work. — Neither teacher nor pupil can be compelled 
to do the janitor work of the school building. If the contract 
between the teacher and the trustees provides that the teacher 
shall perform this work, then it becomes the duty of the teacher 
to do it upon the ground that she has consented to do so by; 



teachers' qualifications, etc. 205 

special agreement in her contract. A teacher who voluntarily 
does this work is not entitled to compensation for performing it. 

Enforcement of Payments. — A teacher may bring an action 
in court for salary due him which has not been paid. He may 
also apply to the court having jurisdiction for a writ of man- 
damus compelling the trustees to pay the salary to which he is 
entitled. These methods are expensive and require more time 
than teachers can generally give for the adjustment of such 
cases. The most inexpensive way and the method by which 
adjustment can be reached in the shortest period of time is to 
appeal in due form to the Commissioner of Education who has 
power to direct such payments and to enforce his decision. 

Wearing Religious Garb. — There is no statute law in this 
State regulating the dress which shall be worn by teachers. The 
general influence upon the school system of teachers wearing 
a religious garb has been brought by appeal before the State 
Department in two cases. In March, 1887, on an appeal from 
the action of the board of education of Suspension Bridge, Super- 
intendent Draper ruled as follows : 

" The wearing of an unusual garb, worn exclusively by members 
of one religious sect and for the purpose of indicating membership in 
that sect by the teachers in a public school, constituted a sectarian 
influence, which ought not to be persisted in. The same may be said of 
the pupils addressing the teachers as ' Sister Mary,' ' Sister Martha,' etc. 
The conclusion is irresistible that these things may constitute a much 
stronger sectarian or denominational influence over the minds of children 
than the repetition of the Lord's Prayer or the reading of the scriptures 
at the opening of the schools, and yet these things have been prohibited 
whenever objection has been offered by the rulings of this Department 
from the earliest days, because of the purpose enshrined in the hearts 
of the people and imbedded in the fundamental law of the State, that 
the public school system shall be kept altogether free from matters 
not essential to its primary purpose and dangerous to its harmony and 
efficiency." (D. 3520.) 

In deciding an appeal from the action of the Board of Educa- 
tion of West Troy School District (now Watervliet), involving 
the same point, Superintendent Skinner held as follows : 



So6 NEW YORK SCHOOL LAW 

I therefore concur in the opinion of my predecessor in ofBce, viz.^ 
that the teachers in the public schools of the State ought not to wear the 
distinctive garb of any religious denomination, order, sect, or society, but 
ought to dress in the usual costume worn by men and women generally ; 
and that any other costume or usage is inimical to the best educational 
interests of the locality and should be discontinued by direction of the 
local school authorities whose duty it is to so administer the trusts- 
reposed in them as to bring about the very best results with the least 
irritation, and in harmony with the spirit of the section of the organic 
law herein quoted. 

The school best does this which avoids any reference directly or 
indirectly to any particular denomination, sect, or order, both in the 
construction of the buildings used for school purposes and in the dress 
worn by the teachers employed therein. To those not satisfied with this 
complete and actual severance of secular and religious instruction, the 
private school is open. 

I also decide that it is the duty of the respondents to require the 
teachers employed by them to discontinue the use in the Public School 
room of the distinguishing dress or garb of the religious order to which 
they belong? (D. 4516.) 

On May 15, 1897, Superintendent Skinner directed the Board 
of Education of Watervliet to notify and require all teachers 
employed in that city and wearing a religious garb to discon- 
tinue the use of such garb. The board was also directed, in 
case any such teacher should refuse or fail to comply with such 
requirement, to dismiss such teachers from employment in the 
public schools of the city of Watervliet. An order was also 
issued by the State Superintendent prohibiting the County Treas- 
urer from paying the money apportioned to this city until directed 
to do so by the Superintendent. (D. 4546.) 

The Court of Appeals held that the decision of the State 
Superintendent on this question was in effect a regulation which 
he was authorized to make and that the prohibitive order was 
in accord with the public policy of the State as declared in sec- 
tion 4, article 9 of the Constitution. (184 N. Y. 421.) 

When Teacher's Illness Prevents Teaching. — Whenever a 
teacher under contract is unable to teach by reason of illness, 
such teacher should report the fact of such illness to the trustee 
or trustees. These officers may, if they desire, employ a sub- 



TEACHERS QUALIFICATIONS, ETC. 20f 

stitute teacher during the illness of the regular teacher. Such 
regular teacher has no voice in determining who the substitute 
teacher shall be. This is a question to be determined solely by 
the trustees. If the illness of a teacher is continued for a long 
period, and there is not reasonable hope of sufficient recovery 
to enable such teacher to resume teaching, the trustees may 
inform such teacher that the contract has been declared void 
by her inability to perform her part of it. The trustees may then 
employ another teacher, and if the teacher dismissed feels ag- 
grieved, she may appeal from the action of the trustees to the 
Commissioner of Education. 

Authority Over Pupil. — There is no provision in the edu- 
cation law defining the authority which a teacher has over 
the pupils under his charge. The decisions of the courts 
and the rulings of the Commissioner of Education are, that the 
authority of the teacher over pupils is the same as that of a 
parent over a child, or as it is usually expressed, that a teacher 
stands in loco parentis to his pupils. The authority of the 
teacher begins at the time the pupil arrives upon the school 
grounds, extends to the close of school, and continues until the 
pupil has left the school grounds. Cases may be cited in which 
the courts have held that the authority of the teacher extends 
beyond these limits, and that the pupil is accountable to the 
teacher for his conduct on the way to and returning from school, 
and even elsewhere, when such conduct has a direct bearing upon 
the discipHne and general welfare of the school. These are not, 
however, recent decisions, and are not safe guides for teachers 
of the present time. A modern view of courts and of depart- 
ments having judicial powers is to restrict the authority of the 
teacher over the pupil to the time between the arrival of the 
pupil upon the school grounds and his departure therefrom. 
The superintendents of this State and the Commissioner of 
Education have taken this view. 

Superintendent Draper held that the authority of the teacher 
■was not absolute during the noon recess, and that a pupil pos- 



2o8 NEW YORK SCHOOL LAW 

sesses a legal right to leave the school grounds during the 
noon recess with the consent of his parents. (D. 3698.) The 
right of a teacher to detain a pupil after school hours is ques- 
tionable. Where a parent objects to such detention, a teacher 
should not insist upon it. 

The authority of the teacher, however, is restricted by the 
rules and regulations of a board of education or a board of 
trustees. Where a board of education or a board of trustees 
has prescribed regulations to govern the discipline of the school 
it is the duty of teachers to keep within the bounds of such 
regulations. 

Employment of Teachers in Cities and Districts of 5,000 
Population. — On January i, 1897, the provisions of chapter 
103 1 of the Laws of 1895 went into operation. These pro- 
visions are now incorporated in section 551 of the Education 
Law and relate to primary and grammar school teachers, but 
•do not apply to teachers of any other grade. Teachers who were 
employed under a valid contract at the time this law went into 
operation may be continued in the service, even if they do not 
possess the qualifications prescribed by this law. But all teachers 
who have been employed since January i, 1897, or who shall 
hereafter be employed in any primary or grammar school in a 
city or district of 5,000 or more in this State authorized to employ 
a superintendent of schools must possess one of the three fol- 
lowing qualifications : 

First. — Such teacher must hold a diploma issued by one of the 
normal schools of this State or a life State certificate issued by a 
State Superintendent of Public Instruction or by the Commis- 
sioner of Education. 

Second. — Such teacher must have had at least three years' 
experience in teaching and must possess a certificate issued by 
the proper local authorities. 

Third. — Such teacher must have graduated from a high school 
or academy, or some other institution of equal or higher rank, 
having a course of study of at least three years, which is ap- 



TEACHERS QUALIFICATIONS, 3TC. 209 

proved by the Commissioner of Education. Such teacher must 
also have completed subsequent to such graduation a course of not 
less than two years in a school or class for the professional 
training of teachers, and must hold a certificate issued by the 
proper local authorities. Such professional course must also be 
approved by the Commissioner of Education. .These require- 
ments nowf spply to districts of 5,000 population or more. 

Suspension of Pupils. — There is no provision of law defining 
definitely the right to suspend a pupil from attendance upon 
school. This subject has been a question for the judicial con- 
sideration of State superintendents and of the courts. The 
present compulsory education act has so modified this question 
as to change materially former rulings relating thereto. We 
shall not therefore discuss these former rulings, but shall con- 
sider the question in its present aspect. 

The trustee or trustees of a district is the proper authority 
to suspend pupils. A teacher does not possess this authority. A 
teacher may, for proper reasons, dismiss a pupil for the day, 
but not for a longer period. When a pupil is dismissed for a 
day, the teacher should at the close of school on such day report 
the facts in the case to the trustees. A board of trustees has 
the power to prescribe regulations for the government of the 
schools under their management, and such board may there- 
fore prescribe regulations governing the suspension of pupils. 
If in such rules a board designates specific offenses for which 
a pupil may be suspended, and such rules also provide that for 
such offenses a teacher may suspend a pupil, the teacher has 
the power to enforce such rules and suspend the offender. State 
Superintendent Skinner held that pupils between the ages of 
eight and sixteen years who are required to attend upon instruc- 
tion cannot be suspended from a public school for a longer 
period than ten days, unless the trustees provide a place at which 
such pupil may receive instruction equivalent to that required 
under the compulsory education act. 

Public opinion supports the theory that schools are established 



2IO NEW YORK SCHOOL LAW 

for the purpose of educating children, and that for grave causes 
only will school authorities be warranted in denying them the 
privilege of attendance thereon. 

Expulsion of Pupils. — A board of trustees is the proper au- 
thority to expel a pupil from attendance upon a public school. 
A teacher does not possess this authority. A pupil required to 
attend upon instruction under the compulsory attendance act 
cannot be expelled from a public school unless the school author- 
ities provide a place where such pupil may attend upon such 
instruction. 

A pupil having a contagious disease is not in a proper phys- 
ical condition to be required to attend upon instruction, and 
may, during the continuance of such disease, be denied school 
privileges. To permit such pupil to continue in attendance upon 
school would expose other pupils to the dangers of such disease. 

Incorrigible pupils and pupils whose moral senses are so de- 
praved that their association with other pupils would contam- 
inate such pupils may be expelled from public schools. If such 
pupils are between eight and sixteen years of age and are re- 
quired to attend upon instruction under the compulsory atten- 
dance act, they should be proceeded against as disorderly persons. 

Corporal Punishment. — There is no direct statute enactment 
regulating the right of a teacher to inflict corporal punishment.- 
The Penal Law provides that it shall not be unlawful for any 
parent, guardian, master, teacher, or the authorized agent of a 
parent, in the exercise of a lawful authority, to restrain or correct 
his child, ward, apprentice, or scholar, provided the force or 
violence used is reasonable in manner and moderate in degree. 

Under the provisions of the Education Law, a board of trus- 
tees of a common school district, or a board of education of a 
union free school district, possesses the authority to prescribe 
rules and regulations for the government of a school. When a 
board of trustees or a board of education adopts a regulation 
providing that corporal punishment shall not be inflicted, a. 
teacher has no legal authority to resort to that mode of punish- 



TEACHERS QUALIFICATIONS, ETC. 211 

ment. If a board of trustees or a board of education should 
adopt a regulation of this kind, and a teacher, in violation 
thereof, should inflict corporal punishment upon a pupil, such 
teacher would be committing an assault and subject to the 
penalties provided by the Penal Law. 

In the absence of a regulation of this kind having been adopted 
by a board of trustees, a teacher may, under the protection of the 
Penal Law, inflict corporal punishment, providing such punish- 
ment is reasonable and moderate in degree. In inflicting this 
mode of punishment, a teacher should give full consideration 
to the gravity of the offense, the general effect of such offense 
upon the school, the temperament and the other physical condi- 
tions of the pupil. Cases of school discipline are rare in which 
teachers should finally resort to this extreme if not barbarous 
mode of punishment. 

Control of School Papers, Athletics, etc. — It is within the 
legal power of school authorities to control the management and 
publication of papers published by the pupils of a school as a 
school paper. Commissioner Draper held in September, 1904, 
in the Monticello case, that a publication standing for a school 
and appealing to the constituency of that school on that ground 
is not a private or personal affair but a public affair, and as 
such is subject to the school authority of the district which it 
represents. The Commissioner also sustained the principal and 
the board of education in suspending a pupil in charge of a 
school paper who refused to be governed by the rules prescribed 
by the school authorities to govern the management of such 
paper. (See decision 5142 — Report for 1905.) School authori- 
ties undoubtedly possess the same supervision over school organ- 
izations of a literary character or over those for the purpose of 
promoting athletics. 

FIRE DRILL 
[Article 28] 
Duty of Principal, etc. — Each principal or other person in 
charge of a public or private school or other educational insti- 



212 NEW YORK SCHOOL LAW 

tution, having more than lOO pupils, is required to instruct and 
train such pupils by means of drills, so that in any sudden 
emergency these pupils may be able to leave the school building 
in the shortest possible time and without confusion or panic. 
These drills or dismissals must be held as often as at least once 
each month. 

Penalty. — Any principal or other person failing to perform 
the duty required in above paragraph is guilty of a misdemeanor, 
punishable at the discretion of the court by a fine not exceeding 
$50. Such fine must be paid to the pension fund of the local 
fire department where there is such a fund. 

Duty of Board of Education. — The board of education of 
any city or district to which this act applies, or any other body 
having control of the schools to which this act applies, must 
have a copy of the act relating to fire drills printed in a manual 
or hand-book prepared for the guidance of teachers. 

TEACHER'S CONTRACT 

I , of , county of , a duly 

qualified teacher, hereby contract with the board of trustees of District 

No , town of , county of , to teach 

the public school of said district for the term of consecutive weeks, 

commencing , i , at a weekly compensation of 

dollars and cents, payable at the end of each thirty days during 

the term of such employment. 

And the board of trustees of said district hereby contract to employ 
said teacher for said period at the said rate of compensation, payable 
at the times herein stated. 

Said board of trustees reserve the right to provide for a vacation 

or vacations of not more than weeks in the aggregate during 

said term. 

Dated , i 

, Teacher. 



Trustees. 



This contract should be executed in duplicate and one copy thereof 
given to the teacher and one retained by the board. 



^ ' ••"' " REVIEW QUESTIONS 213 

REVIEW QUESTIONS 

What certificate must a teacher hold to be qualified to teach in a 
supervisory district? In a city? How old must a person be before being 
eligible to receive a teachers' certificate? How are State certificates 
issued? What rights do they confer? Explain the difference between 
those issued previous to 1875 and those issued since that date? What 
are college graduates' certificates ? What rights do they confer ? Who are 
eligible to receive them? What are normal school diplomas? What 
rights do they confer? What are commissioners' uniform certificates? 
Name the certificates issued under the uniform system? 

Who are eligible to receive first-grade certificates? For what period 
are they valid? For how long may they be renewed? Who are eligible 
to receive a training class certificate? Explain their value. Explain the 
value of drawing certificates. When may a drawing teacher teach drawing 
and do general teaching also? Explain the value of kindergarten cer- 
tificates. Vocal music certificates. Elementary and academic certificates. 
When may a kindergarten teacher teach kindergarten and do general 
teaching also? A music teacher teach vocal music and do other teaching 
also? By whom may temporary licenses be issued? For how long? 

Are superintendents required to issue certificates to candidates who 
have passed the required examination? What are valid reasons for 
refusing to do so? What remedy has the aggrieved party? What 
certificates of qualification may the Commissioner of Education indorse? 
What is the effect of such indorsement ? What certificates are super- 
intendents required to indorse? When may a superintenden: withhold 
his indorsement? What is the effect of such indorsement? What is 
the ruling of the Commissioner of Education in relation to the rignt 
of a teacher to contract who holds a certificate subject to indorsement?' 
What is the remedy for a person holding such certificate when a superin- 
tendent refuses to endorse it? What moneys cannot be applied toward the 
payment of an unqualified teacher? If a trustee appropriates these 
moneys for the payment of an unqualified teacher, what is the penalty? 
Who are responsible to such teachers, when employed, for their salaries?' 
What is the penalty for wilfully employing an unqualified teacher? 

What authorities may revoke a teacher's certificate? What certificates 
may the Commissioner of Education revoke? A district superintendent? 
Upon what grounds may the Commissioner of Education revoke a cer- 
tificate? For what one cause may a district superintendent revoke a 
certificate? What is the duty of a district superintendent when charges 
against the moral character of a teacher have been presented to him? 
To what rights is a teacher thus charged entitled at a hearing? Why 
cannot a district superintendent revoke a certificate for deficiency in 
scholarship or for inability to govern or manage a school? Who is the 



214 NEW YORK SCHOOL LAW 

1 
only authority to revoke a certificate upon these grounds? Explain fully 
each of two ways of disposing of an inefficient teacher. 

Can a certificate be revoked for immoral conduct previous to the date 
of issuance of such certificate, and when such conduct was known to the 
official at the time he issued such certificate? What must be the character 
of charges preferred against a teacher? Can a teacher be placed on 
trial for general charges of immoral conduct? For what three causes 
does the education law provide teachers' certificates may be revoked? 
For what causes have State Superintendents held certificates may be 
revoked? What did Superintendent Draper hold in relation to revoking 
a teachers' certificate? What effect does the revocation of a teacher's 
certificate have upon an existing contract? 

Who may contract to teach? May a minor contract? Is a minor 
required to complete a term for which contract has been made? Under 
what penalty? Is a minor subject to suit for damages for failing to 
complete a contract? May married women contract? 

By whom are teachers employed? Can a district meeting direct what 
teachers shall be employed? When may the trustees of a common- 
school district employ a relative? Of a union free-school district? In 
either case may the same trustees or board employ such teachers the 
next ensuing year without second approval of district or board? What 
is the shortest period for which a trustee may employ a teacher? What 
is the limitation as to the period of time for which a teacher may 
contract? May a trustee employ a teacher for "as long as her work 
is satisfactory?" May the trustees of a common-school district contract 
for a period beyond the current school year? What remedy has a 
teacher employed contrary to the above provisions? 

What contract should be given to each teacher? By whom should it 
be signed? What essential facts should such contract contain? Is a 
verbal contract binding? Must a contract be made at a meeting of a 
board? When is a contract made by one member of a board of two or 
more trustees binding? How often can teachers insist upon receiving 
their pay? Is a contract providing that the salary of a teacher shall 
■not be paid until at the end of the term legal? If such contract is made, 
how often may a teacher insist upon being paid? May a legal contract be 
made providing a teacher shall be paid oftener than monthly? 

Upon what officers may trustees issue orders in payment of teachers' 
salaries? Why these officers? May they issue orders for an amount 
greater than that held by such officers? What is the penalty for a 
violation of this provision of law? Under what conditions may teachers 
receive compensation for time during which school is closed? Give 
illustrations coming within these provisions. What is the teacher's remedy 
in cases of this kind when trustees refuse to pay for such time? 

What is the law regulating the dismissal of teachers? What reasons 
have been held to be sufficient? What should a teacher do when dis- 



REVIEW QUESTIONS 215 

missed by a board of trustees in order to be entitled to his compensation 
for the full period of his contract? What would be the legal effect 
if a teacher should acquiesce in such dismissal? When may a trustee 
<lismiss a teacher without cause? In these cases in what two ways 
may a teacher seek relief? Which is preferable? What relief may be 
requested ? 

What record of attendance are teachers required to keep? How must 
such record be kept? Why is this an important record? Who is 
responsible for the safe keeping of the register? To whom should the 
register be delivered after a term of school is closed? What records 
must the teacher verify? Who may administer this oath? When must 
a teacher verify this record? 

Who is the proper authority to prescribe rules for the government 
•of a school? When such rules have been adopted what is the duty of the 
teacher in relation thereto? May trustees enter a school room and direct 
the enforcement of such rules? 

Does the law define the school hours? What are the usual hours? 
May other hours be fixed? Who possesses th^t authority to fix these 
hours? If unreasonable hours are designated what is the relief? May 
a teacher close a school for any period without the approval of the 
trustees? What is the effect upon contract of closing school without 
such consent? Is this consent necessary to close school on a legal 
holiday or for attending an institute? 

Is a teacher required to do the janitor work? A pupil? When may 
a teacher be required to do this work? Why? Is a teacher entitled 
to compensation for voluntarily performing this work? In what two 
ways may a teacher bring an action in a court to enforce payment of 
salary? Why are these methods objectionable? What other method may 
be pursued? Why is this preferable? 

Is there a provision of law regulating the garb which shall be worn 
hy teachers? When and in what case was this question passed upon by 
Superintendent Draper? What was his decision in the matter? When 
did Superintendent Skinner pass upon the question? In what case? 
What was his decision? What further action in this case did Super- 
intendent Skinner take on May 15, 1897? 

When a teacher under contract is unable to teach by reason of illness 
what should she do? Who may select a substitute teacher, if one is 
desired, during the illness of a teacher? Has the regular teacher any 
voice in the employment of such substitute? Under what conditions, in 
a case of this kind, may a trustee declare a teacher's contract void? 
"What remedy has a teacher for unfair treatment in such cases? 

What is the general ruling in relation to the authority of a teacher 
over a pupil? Define the limits of a teacher's authority. What extreme 
views have courts taken on this question? Are these decisions safe 
j^uides for the present? What is the modern view of courts and of 



2l6 NEW ^ORK SCHOOL LAW 

judicial departments upon this question? What has been the uniforni. 
ruling of the State Department? Explain the ruling of Superintendent 
Draper in relation to the authority of a teacher over a pupil during the 
noon recess. The right of a teacher to retain pupils after the regular 
school hours. How is the authority of a teacher restricted in this matter? 
What legal effect has the regulations of a board of trustees upon the 
teacher's power? 

To what schools do the provisions of Section 551 of the education law 
relate? How did this law effect those who were employed at the time it 
went into operation? When did it go into operation? Name each of the 
three qualifications, one of which must be possessed to be employed in 
a school under this law? 

By what authority has the subject of suspensions of pupils been 
considered? What has changed rulings on this subject? Who is the 
proper authority to suspend a pupil? May a teacher dismiss a pupil? 
For what period? What should a teacher do in such case? When may 
a teacher suspend a pupil? What is the ruling on suspending pupils 
between 8 and 16 years of age? What is public opinion on the theory 
of the establishment of schools? 

Who possesses the authority to expel a pupil? How does the com- 
pulsory attendance act effect the expulsion of pupils? Why may a pupil 
having contagious disease be expelled? What other pupils may be 
expelled? How should they be proceeded against? Discuss the right 
of a teacher to inflict corporal punishment. What is the duty of 
principals in relation to fire drills? What is the penalty for violation 
of this law ? What is the general rule controlling school papers, athletics, 
school societies etc 



CHAPTER XX 

INDUSTRIAL EDUCATION 

[Article 22] 

Schools Which May be Established. — Under the industrial 
education law the following schools may be established: 

1. General industrial schools. These are also called vocational 
schools. 

2. Trade schools. 

3. Schools of agriculture, mechanic arts and home making 
Under this class of schools it is intended that special courses in 
agriculture shall not only be established for boys but that special 
courses in home making shall be established for girls. 

Where Such Schools May be Established. — Such schools 
may be established in any city of the State and in any union 
free-school district. 

By Whom Established. — In a city any of such schools may 
be established by the board of education. If a city has no 
board of education such schools may be established by the officer 
having the management and supervision of the public school 
system. Such board or officer may establish as many of each 
of the different classes of such schools as the interests of the 
city require, providing the municipal authorities furnish the 
necessary funds therefor. 

In a union free-school district the people must vote upon the 
establishment of any of such schools at a district meeting. If 
a meeting authorizes the organization of any of such schools it 
becomes the duty of the board of education to establish them. 

WTio May Attend Such Schools. — Pupils who have com- 
pleted the elementary school course or those who have not com- 



2l8 NEW YORK SCHOOL LAW 

pleted such course but who are fourteen years of age may enter 
general industrial or vocational schools. 

Pupils who are sixteen years of age and who have completed 
either the elementary school course or a course in an industrial 
or vocational school or have met such other requirements as the 
local school authorities have prescribed may enter trade schools. 

Pupils who have completed the elementary school course or 
those who are fourteen years of age or those who satisfy such 
other requirements as the local school authorities prescribe may 
•enter agriculture schools or home making schools. 

Authority Over Such Schools. — The board of education in 
a city or in a city not having a board of education the officer 
having the management and supervision of the public schools 
and the board of education in a union free-school district have 
respectively the same power and authority over the manage- 
ment and control of such schools and the teachers and other 
employees therein as such board or officer has over the other 
public schools and teachers under their direction. Such boards 
or officer are particularly charged with the power and authority : 

1. To employ competent teachers or instructors. 

2. To provide proper courses of study. 

3. To purchase or acquire sites and grounds and to purchase, 
acquire, lease or construct and to repair suitable shops or build- 
ings and to properly equip the same. 

4. To purchase necessary machinery, tools, apparatus and 
supplies. 

State Aid. — The amount apportioned by the Commissioner of 
Education to a city or district for maintaining one of these 
schools is five hundred dollars. To entitle a district or city to 
share in State funds it must meet the following requirements : 

I. Maintain an independently organized school for a period 
of at least thirty-eight weeks. This does not necessarily mean 
that such school shall be in a building separate from the regular 
public school building. 



INDUSTRIAL EDUCATION iI9 

2. There must be an enrollment of at least twenty-five pupils. 

3. A course of study approved by the Commissioner of Edu- 
cation must be maintained. 

4. One teacher must be employed who devotes his time ex- 
clusively to the work of such school. 

A city or district is also entitled to receive an additional sum 
of two hundred dollars for each additional teacher employed 
who also gives his whole time to the work of such school for a 
period of thirty-eight weeks. 

A city or district therefore which maintains one of these 
schools as required by law and employs three teachers would 
be entitled to receive nine hundred dollars from the State. If 
a city or district should maintain three of such schools and 
employ three teachers in each it would be entitled to receive 
twenty-seven hundred dollars from the State. 

The law explicitly provides that manual training high schools 
shall not be allowed to participate in this apportionment of funds. 

Pro Rata Apportionment. — If a city or district shall main- 
tain a school or employ a teacher for a shorter period than 
thirty-eight weeks the Commissioner of Education may in his 
discretion apportion to such city or district an amourrt pro rata 
to the time such school was in session or such teacher was 
employed. 

Application of State Funds. — All funds apportioned to a city 
or district for the maintenance of these schools must be used 
exclusively for the support and maintenance of such schools in 
such city or district. 

Annual Estimates and Appropriations. — The board of edu- 
cation in a city or in a city not having a board of education the 
oificer having the management and supervision of the public 
schools is required to file a written itemized estimate of the 
expenditures for the maintenance of any of these schools and 
the estimated amount the city will receive from the State ap- 
plicable to the support of these schools. Such estimate must 



220 NEW YORK SCHOOL LAW 

"be filed with the common council of the city within thirty days 
after the commencement of the fiscal year of such city. The 
common council may give a hearing to any person so desiring^ 
and shall then adopt such estimate, after deducting therefrom 
the estimated amount from the State applicable to the support 
of such schools. The common council may by a two-thirds vote 
reduce the amount of an item or reject an item. 

The amount of such estimate adopted by the common council 
shaH be levied and assessed by tax upon the taxable property 
of the city at the time and in the manner that other taxes for 
school purposes are raised. 

The board of education in a union free-school district which 
maintains one or more of these schools should include in the 
estimate of expenses for the ensuing school year which it sub- 
mits to the annual meeting the amount required to maintain 
these schools after deducting the amount apportioned to the 
district for the support of such schools. Such amount must be 
raised at the same time and in the same manner that other taxes 
for school purposes in such district are raised. 

Advisory Board. — Cities maintaining any of these schools 
are required to appoint an advisory board. Union free-school 
districts do not have such advisory board. This board is ap- 
pointed by the board of education or in a city having no board 
of education by the officer having the management and super- 
vision of the public schools in such city. Such advisory board 
shall consist of five members and shall represent the local trades, 
industries and occupations. When such board is first appointed 
the terms of two of such members shall be for one year and 
the terms of three shall be for two years. Thereafter as the 
terms of such members expire the vacancies caused thereby 
shall be filled for a full term of two years. Any other vacancy 
on such board shall be filled for the remainder of the unexpired 
term. 

The members of this board are to advise and counsel with 



REVIEW QUESTIONS 221 

the members of the board of education or other officer exer- 
cising similar powers in relation to their duties to such schools. 
Courses for Training Teachers. — The Commissioner of Edu- 
cation is authorized to approve courses in the State agriculture 
schools at Alfred university, St. Lawrence university and at 
Morrisville for the training of teachers in agriculture, mechanic 
arts, domestic science or home making. When such approved 
courses are maintained such schools are entitled to receive an 
apportionment from State funds on the same basis that an ap- 
portionment is made to union free-school districts for main- 
taining an industrial or agriculture school. The Commissioner 
of Education may prescribe regulations under which the gradu- 
ates of such approved courses may be licensed to teach like 
special courses in the public schools. 

REVIEW QUESTIONS 

What schools may be established under the industrial education law? 
Where may such schools be established? By whom may they be estab- 
lished in a city? What action must be taken to establish them in a 
union free-school district? Who may attend general industrial or voca- 
tional schools? Trade schools? Schools giving agriculture or domestic 
economy courses? What general authority has the board of education 
over such schools? Name four specific duties which the law confers 
on a board in relation to these schools? What is the amount of State 
aid apportioned for the maintenance of one of these schools? Name four 
requirements which a city or district must satisfy to be entitled to 
State aid. What amount is allowed by the State for each additional 
teacher? Illustrate the apportionment of funds. Are manual training 
high schools allowed to participate in this apportionment of State funds? 
What pro rata allowance may be apportioned? By whom? How must 
State funds obtained be used? What estimate must be filed for main- 
tenance of these schools in a city? By whom? With whom? Where? 
How may this estimate be reduced or an item rejected? How is the 
amount adopted raised? Explain how an estimate is submitted in a 
union free-school district and the amount raised. Where advisory boards 
appointed? By whom? How many members? What is the full term? 
How are vacancies filled ? What should these members of such board 
represent? What are their duties? In what institutions may training 
courses for teachers be established? What courses? Who approves 
such courses ? What certificates may be granted and in what manner ? 
What allotment of State funds made? 



CHAPTER XXI 

COMPULSORY EDUCATION LAW 
[Article 23] ' 

The Act of 1874. — On Alay 11, 1874, the State legislature 
passed a Compulsory Education Law, which went into effect 
January i, 1875. The burden of enforcing the provisions of this 
act was placed upon trustees. Little attention was given to the 
measure, and it was never enforced to any extent in any part 
of the State. After remaining a dead letter upon the statute 
books for twenty years, the act was superseded by chapter 671 
of the Laws of 1894 which was incorporated in the consolidated 
school law and is now article 2;^ of the education law.* 

Terms Defined. — The terms "school authorities" and "per- 
son in parental relation to a child " occur so often in this measure 
that a complete knowledge of their meaning is necessary, in 
order to have a clear understanding of the provisions of this law. 

"School Authorities," wherever used in this act, means the 
trustees or boards of education, or any other officers known by 
any name whatever whose duties are the same as those of trus- 
tees or boards of education of a city, a union free-school district, 
a common-school district, or any other district created by special 
act of the State legislature. 

" Persons in Parental Relation to a Child." — This term, wher- 
ever used in this act, means those persons who have the lawful 
care, custody, and control of children. The term includes parents,^ 
guardians, or any other persons standing in such capacity^ 
whether one or more. 



* A law taking effect September i, 1904, provides for the compulsory 
education of Indian children on the Indian reservations. This law is 
modeled after the general compulsory education law and is quite similar 
to it in all respects. See Article 37 of the education law. 



COMPULSORY EDUCATION LAW 223. 

Who Shall Attend Upon Instruction. — i. Every child withia 
the compulsory school ages, in proper physical and mental con- 
dition to attend school, residing in a city or school district having 
a population of five thousand or more and employing a super- 
intendent of schools, shall regularly attend upon instruction as 
follows : 

(a) Each child between seven and fourteen years of age shall 
attend the entire time during which the school attended is in 
session, which period shall not be less than one hundred and 
sixty days of actual school. 

(b) Each child between fourteen and sixteen years of age not 
regularly and lawfully engaged in any useful employment or 
service, and to whom an employment certificate has not been 
duly issued under the provisions of the labor law, shall so attend 
the entire time during which the school attended is in session. 

2. Every such child, residing elsewhere than in a city or 
school district having a population of five thousand or more and 
employing a superintendent of schools, shall attend upon in- 
struction as many days annually between the first day of October 
and the following June as the public school of the district in 
which such child resides, shall be in session during such period,, 
as follows : 

(a) Each child between eight and fourteen years of age. 

(b) Each child between fourteen and sixteen years of age 
not regularly and lawfully engaged in any useful employment 
or service. 

Attendance Upon Evening School. — Every boy between four- 
teen and sixteen years of age in a city of the first class or a 
city of the second class who is in possession of an employment 
certificate issued under the provisions of the labor law and who 
does not hold either a certificate of graduation from the public 
elementary school or a certificate of the completion of an ele- 
mentary school course issued by the Commissioner of Education, 
or a Regents' pre-academic certificate, must attend the public 



224 NEW YORK SCHOOL LAW 

evening schools of such city, or other evening schools offering' 
an equivalent course of instruction. Such attendance must be 
for a period of not less than six hours each week for at least 
sixteen weeks each year. Attendance upon a trade school for 
€ight hours per week for sixteen weeks in a year will also 
be accepted. 

Where Children May Attend Upon Instruction. — This law 
does not prescribe that children shall attend public schools. It 
provides that they shall attend upon instruction. Such attend- 
ance upon instruction may, therefore, be in a public school, a 
private school, or at home. 

Character of Instruction. — When children attend elsewhere 
than at a public school, the instruction given must be sub- 
stantially the same as that given to children of like age in the 
public schools in the city or district in which such children reside. 
The number of hours' attendance shall be the same as that 
required in the public school of the district in which such chil- 
dren reside. No greater allowance for holidays, vacations, etc., 
shall be made upon such attendance than is allowed in the 
public schools of the district in which such children reside. 

Duty of Parents, Guardians, etc. — The law makes it the duty 
of every parent, guardian, or other person standing in parental 
relation to a child or children between the ages of seven and 
sixteen years, to require such child or children to attend upon 
instruction as required by law, provided such child or children 
are in proper physical and mental condition to attend school. 

Parent or Guardians Guilty of Misdemeanor, etc. — Any 
parent, guardian, or other person in parental relation to a child 
or children, who fails to require them to attend upon instruc- 
tion as required by law is guilty of a misdemeanor. For the 
first offence, a fine not exceeding $5 or imprisonment for five 
days may be imposed. Each subsequent ofTence is punishable 
by a fine not to exceed $50, or by imprisonment not to exceed 
thirty days, or by both such fine and imprisonment. No pro- 
vision having been made by this act as to what should be done 



COMPULSORY EDUCATION LAW 225 

with a fine in this case, it has been held that it should go, when 
paid, into the county treasury. 

School Record Certificate. — A school record certificate must 
be issued on demand to a child who upon due investigation and 
examination may be found to be entitled thereto or to the board, 
department or commissioner of health. Such certificate must 
certify that the child has regularly attended the public school 
or schools equivalent thereto, or parochial schools, for not less 
than 130 days during the twelve months next preceding his 
fourteenth birthday or during the twelve months next preceding 
his application therefor and that he is able to read and write 
simple sentences in the English language and has received during 
such period instruction in reading, writing, spelling, English 
grammar and geography, and is familiar with the fundamental 
operations of arithmetic up to and including fractions. The 
certificate must also give the date of birth and residence of the 
child as shown on the records of the school and the name of 
the child's parent, guardian or custodian. 

The authority to issue such certificate is as follows : 

1. In a city of the first class by a principal or the chief execu- 
tive officer of a school. 

2. In all other cities and in school districts having a popu- 
lation of 5,000 or more and employing a superintendent of 
schools, by the superintendent of schools only. 

3. In all other school districts by the principal teacher of 
the school. 

Evening School Certificate. — ^A boy who has been in attend- 
ance upon an evening school six hours each week for such 
number of weeks as will when taken in connection with the 
number of weeks such evening school will be in session during 
the remainder of the current or calendar year, make up a total 
attendance of six hours each week for sixteen weeks for such 
boy, is entitled to an evening school certificate. Attendance upon 
a trade school for eight hours per week for a period of sixteen 



2 26 NEW YORK SCHOOL LAW 

weeks shall also entitle a boy to such certificate. Such certificate 
must be issued by the school authorities or officers designated 
by them at least once in each month during the months such 
school is in session and also at the close of the term. The cer- 
tificate must show the actual attendance of such boy upon the 
evening or trade school. 

Employment Certificate and Evening School Certificate 
Must be Displayed. — The employer of every child between the 
ages of fourteen and sixteen in a city of the first class or % 
city of the second class must keep and must display where 
such child is employed the employment certificate issued such 
child by the health authorities and the evening school certificate 
issued by the school authorities. 

Unlawful Employment of Children. — It is unlawful for any 
person, firm, or corporation to employ any child under the age 
of fourteen years for any purpose any part of the term during 
which the public schools of the district in which such child 
resides are in session. 

It is also unlawful to employ any child between fourteen and 
sixteen years of age in a city of the first or second class who 
does not present an employment certificate duly issued under the 
labor law. 

It is also unlawful to employ in a city of the first class or of 
the second class any child between fourteen and sixteen years 
of age in a factory, or mercantile establishment, business or tele- 
graph office, restaurant, hotel, apartment house, or in the distri- 
bution or transmission of merchandise or messages, who has 
not an employment certificate issued under the labor law or to 
employ such child in any other capacity who does not at the 
time of employment present a school record certificate. 

Penalty for Unlawful Employment. — Any person, firm, or 
corporation or any officer or employee acting therefor who em- 
ploys any child in violation of the compulsory education law shall 
be guilty of a misdemeanor and the punishment for the first 
oflfense shall be a fine of not less than twenty dollars and not 



COMPULSORY EDUCATION LAW 227 

more than fifty dollars ; for the second offense and each ofTense 
thereafter a fine of not less than fifty dollars and not more 
tlian two hundred dollars. This fine shall be paid to the treas- 
urer of the city or village or to the supervisor of the town in 
which the offence occurs, and must be added to the public school 
moneys of the city, village, or district in which the offence occurs. 

Record of Attendance by Teachers. — The teacher of every; 
public school is required to keep an accurate record of attend- 
ance of all children between the ages of seven and sixteen years. 
This record must show the attendance each day by the year, 
month, day of the month, and day of the week, and the number 
of hours thereof each day. Teachers of private schools are also 
required to keep such record of attendance. A record of attend- 
ance upon instruction must also be kept of children who do not 
attend public or private schools, but who are instructed at home. 

These records must at all times be open to the inspection 
of an attendance officer or other person appointed by the school 
authorities of the city, district or Commissioner of Education. 
Teachers must also answer all reasonable inquiries relative to 
such records. A willful refusal or neglect to answer any sucli 
inquiry is a misdemeanor. 

It is important that all records of attendance shall be kept 
with great care, as in cases taken to the courts the school register 
will be the principal documentary evidence as to the attendance 
of pupils. 

Attendance Officers. — In each city, and in each union free- 
school district or common-school district including in whole or 
in part an incorporated village, the school authorities of such 
city or district shall appoint as many attendance officers as such 
board shall deem necessary for the proper enforcement of this 
attendance act. Such board may also at any time remove such 
attendance officers. Boards must also fix the compensation of 
these officers, define their duties, and establish rules and regu- 
lations for their guidance. The supervision and enforcement of 



2 28 NEW YORK SCHOOL LAW 

this act is placed in the hands of the superintendent of schools 
in sucli cities and districts. 

The town board of each town must also appoint as many at- 
tendance officers for their town as, in the judgment of such 
board, shall be necessary for the proper enforcement of this act. 
The jurisdiction of such officers extends over all districts except 
those mentioned in the preceding paragraph. A town board in 
appointing attendance officers can not limit the jurisdiction of 
such officers to specific school districts. The town board shall 
fix the compensation of such officers, which shall be a town 
charge. 

Attendance officers appointed by town boards must be ap- 
proved by the district superintendent having jurisdiction. A 
district superintendent may also remove an attendance officer. 

A trustee can legally hold the position of attendance officer. 
The Commissioner of Education has ruled that as the act is 
silent as to the term of office of town attendance officers, town 
boards must make such appointments annually on or before the 
first of October. 

If non-resident pupils are tardy or absent, school authorities 
should report the same to the school and attendance officers of 
the district in which such non-resident pupiils reside. All pupils 
are subject to the authority of the school officers and attendance 
officers of the district in which they reside. 

Arrest of Truants. — Attendance officers have authority to 
arrest at any time, without warrant, any child between seven 
and sixteen years of age who is then a truant from instruction 
upon which such child is lawfully required to attend. 

In case any child is thus arrested, the attendance officer must 
forthwith take such child to his teacher; or in case the child is 
an habitual truant, the officer must take him before a police 
magistrate, who may commit him to a truant school or to some 
similar institution. After each arrest it is the duty of the at- 
tendance officer to report the disposition made by him of the 



COMPULSORY EDUCATION LAW 229 

child, to the school authorities of the district where such child 
was required to attend school. 

A truant officer in the performance of his duty has the au- 
thority to enter during business hours a factory, mercantile or 
other establishment and examine the employment certificates and 
registry of children employed therein. 

Truant Schools. — The school authorities of any city or school 
district may establish schools or set apart separate rooms for 
children who are habitual truants, or who are insubordinate 
while in attendance, or who are irregular in their attendance ; 
and they may provide for the confinement, maintenance, and 
instruction of such children in such schools. If the school 
authorities of any city or school district do not establish a truant 
school, they may make a contract with any other city or school 
district having a truant school, for the confinement, maintenance, 
and instruction of their truant children. 

Commitment. — When the persons in parental relation to a 
child give their written consent, the school authorities or the 
superintendent of schools may commit such child to a truant 
school ; or in a private school, an orphans' home, or similar insti- 
tution controlled by persons of the same religious faith as the 
persons in parental relation to the child, for a period not to 
exceed two years. No child can be committed after he is sixteen 
years of age. 

If the persons in parental relation to the child refuse their 
consent, the child may be proceeded against as a disorderly per- 
son, and, upon conviction, must be sentenced to be confined and 
maintained for the remainder of the current school year either 
in a truant school or in a private school, an orphans' home, or 
similar institution. 

No persons convicted of crimes or misdemeanors other than 
truancy can be committed to any truant school. 

No truant can be committed to a penal institution. 

Expenses of Commitments — Where Chargeable. — The city 
or district employing a superintendent of schools must pay the 



230 



NEW YORK SCHOOL LAW 



expense attending the commitment and cost of maintenance of 
any child committed by them to a truant school. 

In all other cases such expense and costs are a county charge. 

Industrial Training. — In every truant school established in- 
dustrial training must be furnished. 

Excuses for Absence and Tardiness Required. — The State 
Commissioner of Education has ruled that the person in parental 
relation to every child subject to the provisions of the compulsory 
attendance law may be required to furnish a satisfactory explana- 
tion for absence or tardiness, and has held that sickness of the 
child, sickness in the family requiring the services of the child 
for a day or two until other help may be obtained, severe storm 
or impassable roads, contagious disease in the family or the 
community where child resides, days set apart for religious 
observance, or death in the family, shall be deemed the only 
ordinary excuse for such absence or tardiness. 

Assistants. — The Commissioner of Education has authority to 
appoint as many inspectors for the enforcement of this law as 
he shall deem necessary provided the legislature has made pro- 
vision for the payment of their salaries. The attendance division 
has general charge of this work. 

Withholding State Funds. — The Commissioner of Education 
has authority to withhold one-half of the public school money 
from any city or district which willfully omits or refuses to 
enforce the provisions of this act. Before this power is exercised, 
due notice must be given to such city or school district authori- 
ties. When such city or district complies, within a period of 
twelve months after such money was withheld with any provision 
of law which may not have been enforced, and for non-com- 
pliance with which any money has been withheld, the Commis- 
sioner of Education shall pay over to the authorities of such 
city or district the amount so withheld. 



COMPULSORY EDUCATION LAW 23I 

EMPLOYMENT OF CHILDREN IN STREETTS 
[Article 3 of the Labor Law] 

Authority to Enforce. — The police officers, and the attendance 

officers appointed by the board of education, in cities of the first 
and second class are peace officers under this law and are charged 
with the duty of the enforcement of such law. 

Prohibited Employment of Children in Street Trades. — No 
"boy under ten and no girl under sixteen years of age has a legal 
right in any city of the first or second class to sell or expose 
or offer for sale newspapers, magazines or periodicals in any 
street or public place. No boy under fourteen years of age 
has a legal right to sell or expose or offer for sale such articles 
unless he has received a permit and badge authorizing him to 
engage in such employment. No boy having such badge can 
be employed in such business before six o'clock in the morning 
or after ten o'clock in the evening. 

Issuance of Permit and Badge. — Such permit and badge are 
issued by the superintendent of schools of the city or school dis- 
trict in which such child resides, or by such other officer of the 
hoard of education as such board may designate. The applica- 
tion for such permit and badge must be made by the parent, 
guardian or other person having the custody of the child desir- 
ing it. If the child has no such relative the application must be 
made by the child's next friend, being an adult. Before an 
authorized officer issues such badge he must have received, ex- 
amined and placed on file in his office satisfactory proof that such 
boy is of the age of ten years or upwards. He must also have 
a written statement of the principal or chief executive officer 
of the school which such boy is attending, that he is an attendant 
at such school, that he is of the normal development of a boy 
of his age and physically fit for such employment and that he 
approves of the granting of such permit and badge to such boy. 

List of Boys Receiving Permit and Badge. — Principals and 
chief executive officers of schools must keep a complete list of 



232 NEW YORK SCHOOL LAW 

all children in their schools to whom a permit and badge have 
been issued. 

Contents of Permit and Badge. — The permit must show the 
date and place of birth of the child, the name and address of 
its parent, guardian, custodian or next friend as the case may 
be. It must describe the color of hair and eyes, the height and 
weight, and any distinguishing facial mark of the boy receiving- 
it. It must also state that the preliminary papers requisite to its 
issuance have been duly examined and filed and that the boy 
named in such permit has appeared before the officer who issued 
it. The badge shall bear on its face a number corresponding to 
the number of the permit and the name of the child. The boy 
must write his name on the reverse side of the permit and badge 
in the presence of the officer issuing it. 

Regulations Concerning Badge and Permit. — The badge must 
be worn conspicuously at all times by the boy while so working 
and he shall exhibit the same upon demand at any time to any 
police or attendance officer. No badge or permit may be trans- 
ferred. All permits and badges expire annually upon the first 
day of January. The color of the badge must be changed eack 
year. No permit or badge is valid except during the period in 
which the proof and written statement requisite to its issuance 
shall remain on file nor are they authority beyond the period 
fixed therein for their duration. 

REVIEW QUESTIONS 

When was the present compulsory attendance law enacted? What 
compulsory act preceded this? Why was it not enforced? Define 
" school authorities," " persons in parental relation to a child." 

Into how many classes in respect to age may children be arranged 
who are required to attend upon instruction? Define each class. Why 
is the term "attend upon instruction" used instead of "attend school?" 
What period of instruction is required of each class? What must be the 
character of the attendance? When must children between 14 and 16 years 
of age attend upon instruction? Must the attendance be at a public 
school? Where may it be? Where children are instructed eleswhere thart 



REVIEW QUESTIONS 235 

at a public school, what must be the character of such instruction? The 
daily period of instruction ? What about allowance of holidays, etc. 

What is the duty of persons in parental authority? When is a parent 
or guardian guilty of a misdemeanor? What is the penalty for the 
first offence? Each subsequent offence? When fines are collected to 
whom should they be paid? What must a school record certificate 
show? By whom is it issued? When is a boy entitled to an evening 
school certificate? By whom are such certificates issued? How must 
such certificate be displaced? When is it unlawful to employ children 
under 14 years of age? By whom must a certificate of attendance be 
signed? What is the penalty for unlawful employment of children? 
What disposition is made of a fine thus collected? 

What record of attendance must teachers keep? What must such 
record show? Are the teachers of private schools and those employed 
in homes of children required to keep such record? To whom should 
this record be open to inspection? What is the penalty imposed upon 
teachers who refuse to answer reasonable inquiries relative to such 
records? 

For what school districts do the school authorities appoint attendaix:e 
officers? How many may they appoint? Who determines the compensation 
of such officers? By whom may they be removed? Who is charged with 
the duty of enforcing the law in such districts or cities? 

For what districts may town boards appoint attendance officers? How 
many? Who fixes their compensation? What is their jurisdiction? May 
town boards in appointing such officers limit their jurisdiction to certain 
school districts? Are trustees eligible to hold this office? Who may 
remove these officers from office? What authority have attendance officers 
to arrest truants? When a truant is arrested what must the officer 
do with such truant? After such arrest what report must the attendance 
officer make? To whom? How may truant schools be established? 
What three classes of pupils may be confined in such schools? What 
power have school authorities to contract for the confinement and main- 
tenance of truants? With the written consent of the parents or guardian, 
where may a truant be committed? When the person in parental 
authority refuses to consent, what action should be taken? What persons 
cannot be committed to truant soliools? When is the expense of such 
commitment a city or village charge? When a county charge? What 
instruction must be given in all truant schools? 

What is the ruling of the Commissioner of Education as to what 
constitutes a satisfactory excuse for absence or tardiness? What help' 
may the Commissioner of Education employ to assist in enforcing this 
law? When may the Commissioner of Education withhold public money- 
from a district? What portion may be withheld? What action must be 
taken first? When must the Commissioner of Education pay over moneys, 
thus withheld? 



:234 NEW YORK SCHOOL LAW 

Who are charged with the duty of enforcing the law relative to employ- 
ment of newsboys? What are the prohibitive ages of employment? On 
what conditions may a boy between lo and 14 years of age be employed? 
Between what hours can he not be employed ? By whom are permits 
and badges issued ? By whom must the application be made ? What 
written statement must be first obtained? Who is required to keep 
-a list of boys receiving them? State fully contents which permit must 
contain? Badge? For what time are permit and badge valid? On 
-what date do they expire? State fully the other regulations concerning 
Ihem. 



CHAPTER XXII 

SCHOOL CENSUS 
[Article 24] 

Census Board. — The mayor, the superintendent of schools and 
the police commissioner, or the officer performing the duties 
similar to those of a police commissioner, constitute a permanent 
census board in each city of the first class. The cities of the 
first class are New York, Buffalo and Rochester. 

Officers of Such Board. — The mayor is the chairman of such 
board. The board also has the power to appoint a secretary 
and such clerks and other employees as may be necessary and 
to fix their salaries. 

Census Required. — The census board has the power to pre- 
scribe regulations to make effective the census law and under 
such regulations the police commissioners are required to cause 
a census to be taken in their respective cities during the month 
of October, 1909. The census boards are required to obtain 
through the police force the residences and employments of all 
persons between the ages of four and eighteen years and to 
report thereon from time to time to the school authorities of 
their respective cities. After the census of October, 1909, was 
taken it was the duty of the census board to cause the same 
to be amended from day to day. It is the duty of the police 
to report daily precinct by precinct, changes of residence which 
occur among the children between the ages of four and eighteen. 
The police should likewise report daily the names and addresses 
of all children between such ages who move into the city. The 
census board should therefore always have on file in its office 
a complete list of the names, addresses, occupations and persons 
in parental relation, of all persons between the ages of four and 



2^6 NEW YORK SCHOOL LAW 

eighteen. While the law makes it the duty of the police to= 
make daily reports and to take the permanent census required 
under the law, the census board may employ such enumerators 
or other help as may be necessary to carry into effect the pro- 
visions of the law. It should also be understood that while 
parents are required to report certain data to the police a failure 
on the part of parents to make such report does not relieve 
the police or the census board from obtaining this data. The 
burden of the enforcement of this law is placed primarily upon 
the census board, and also upon the police, and this board and 
the police must obtain all information necessary to keep the 
census properly revised from day to day. 

Parents Required to Report. — A person in parental relation 
to a child is required to report at the police station house of 
the precinct in which he resides the following: 

1. The name of each child, its residence, the name of the 
person in parental relation thereto and the name and location 
of the school such child is to attend at least two weeks before 
such child becomes of the compulsory school age. 

2. The facts relating to the removal of a child of compulsory 
school age from one school to another, for any cause whatever, 
and of a child going to work in accordance with the provisions 
of the labor law. 

3. The change of residence of a child from one police pre- 
cinct to another and such other facts relating to such child as 
required by the two previous subdivisions. 

4. The residence of a child between four and eighteen who 
moves into such city and such other facts relating thereto as the 
census board may require. 

School Census in Cities Not of the First Class. — A city not 
of the first class may establish a permanent census board in 
accordance with the provisions above outlined for such board 
in a city of the first class. If such board is formed in a city of 
another class the powers and duties of such board and of the 



SCHOOL CENSUS 23/ 

police and the organization of such board are the same as in 
a city of the first class. 

If such cities did not organize a census board it was the duty 
of the school authorities in such cities to cause a census to be 
taken in October, 1909, and they should require one taken every 
fourth year thereafter. The information required under such 
census is the same as that required in cities of the first class. 

Cities which are not of the first class and which did not or- 
ganize a permanent census board in 1909 may at any time deter- 
mine to organize such board. The officers constituting such 
board have the power to determine on its organization. 

School Census in School Districts. — The board of trustees 
of every school district is required to take a census annually 
on the thirtieth day of August, of all children between the 
ages of five and eighteen years. The information required is 
the same as that required of cities. 

Withhold Information or Giving False Information. — ^^A 
parent, guardian, or other person having the control of a child 
between the ages of four and eighteen years who withholds 
or refuses to give information in relation to such child as required 
under the census law or a parent, guardian or other person in 
custody of a child who gives false information in relation thereto 
is liable to a fine not to exceed twenty dollars and imprison- 
ment not to exceed thirty days. 

Expenses of Census. — The expense involved in taking a 
•census required under this law is a charge upon the city or 
school district for which it is taken. It is the duty of municipal 
authorities to appropriate or set apart sufficient funds for this 
work. The census board in a city should file annually with the 
proper municipal authorities an estimate of the amount required 
for such work. A board of trustees should include in its annual 
budget a sufficient amount for this purpose. 

Before any moneys shall be paid for services in taking a 
census a certificate must be obtained from the Commissioner 
of Education to the effect that such census has been satisfactorily- 
taken. 



23S NEW YORK SCHOOL LAW 

REVIEW QUESTIONS 

Who constitute a census board ? In what cities must they be organ- 
ized? Name all of such cities in the State. Who is chairman of the census 
board? What other officers does such board have? How are such, 
officers chosen? Who fixes their salaries? What regulations may such 
board prescribe ? In what year was a complete census to be taken ? What 
officer was charged with this duty? What information is the census 
board required to obtain? Through what officers is this information 
«btained? To whom must the census board make reports? Explain 
how the census of 1909 is to be amended. What is the duty of the police 
in this respect? What should the census office always contain? Must 
the census board rely solely upon the police to do the work required? 
If parents fail to perform their duty what is the duty of the census 
board? 

To whom must parents make reports? State the four points upon which 
they must report. Upon what cities is the organization of a census 
board discretionary? How is the organization of such board determined? 
How is the board constituted? What are the powers and duties of such 
board? If such board is not organized in these cities by whom is a 
census in such cities taken? When was the first census required? How 
often thereafter? What information must be obtained? When may 
these cities determine to organize a census board? 

Who are required to take a census in school districts? How often? 
On what date? What information must be obtained? What penalty 
is prescribed for refusing to give or withholding any information required, 
or for giving false information? Who pays the expenses incurred in 
taking this census? How are the funds obtained in a city? In a school 
district? What certificate must be obtained before any of such expenses 
are paid by local authorities? 



CHAPTER XXIII 

STATE SCHOLARSHIP IN CORNELL UNIVERSITY 

[Article 40] 

Origin. — In 1862 Congress passed the National Land Grant 
Act, under the terms of which each State received thirty thousand 
acres of pubHc land owned by the United States, for each repre- 
sentative that she had in Congress. This land was donated by 
the national government to the States and Territories of the 
Union for the purpose of establishing colleges for the benefit of 
agriculture and the mechanic arts. New York State received 
by this Act nine hundred ninety thousand acres of land. The 
State legislature of 1863 enacted a law providing that the revenue 
derived from the sale of this land should be given, under cer- 
tain conditions, to the authorities of the People's College at 
Havana. The authorities of this college failed to meet the con- 
ditions prescribed by the Act of 1863, and the legislature of 
1865 provided that the revenue derived from the sale of this 
land should be given to the authorities of Cornell University. 
This Act of 1865 provided, among other conditions, that Ezra 
Cornell should contribute unreservedly $500,000 to the author- 
ities of Cornell University, and that the University should re- 
ceive annually one State scholar free of tuition for each assembly 
district in the State. As Mr. Cornell contributed the amount 
specified, the revenue derived from the sale of this land was 
donated to the University. The amount realized by the State 
from the sale of this land was $688,576.12. The legislature of 
1895 enacted a law providing that this money should be placed 
under the control of the State, and that the State should pay 
annually to the trustees of Cornell University five per cent upon 
this fund. The University, therefore, receives annually $34,- 



240 NEW YORK SCHOOL LAW 

428.80. The State scholars in the University who receive free 
tuition include about one-seventh of the entire number of stu- 
dents attending the University, and the University receives from 
the State only $34,428.80, while the entire cost of maintaining 
the University is about one million dollars annually. 

Number of Scholarships. — The act creating State scholarships 
provided that State scholarships should be awarded annually for 
each assembly district in the State. At this time there are 150 
assembly districts, and this is the basis on which appointments 
are now made. Each scholarship is valid for four years, and 
as 150 appointments are made each year, the State has 600 State 
scholars in Cornell University at all times. 

How Awarded. — Appointments to State scholarships are made 
by the Commissioner of Education, upon the result of competitive 
examinations held for that purpose. Albany county has three 
assembly districts and is entitled to three State scholarships. 
The names of candidates who take the examination for this 
county are arranged in the order of their merit, which is deter- 
mined by their standing in the examination. The first three on 
the list are assigned to the scholarships for Albany county, irre- 
spective of the assembly districts in which they reside. The 
same course is pursued in assigning appointments to all other 
counties. No person can be considered in awarding these scholar- 
ships who did not attend the required competitive examination. 

Competitive Examinations. — These examinations are held on 
the first Saturday in June of each year at the county seat of 
each county in the State. The district superintendents and the 
city superintendents jointly conduct the examination for their 
respective counties. These examinations are under the super- 
A^ision of the Commissioner of Education, and the questions 
used in such examinations are prepared under his direction. 
The subjects in which candidates are examined are designated 
by the president of Cornell University. These may change from 
year to year, but the general scope of the examination for each 



STATE SCHOLARSHIP IN CORNELL UNIVERSITY 241 

year may be obtained by writing the Education Department for 
the annual circular issued from that office. 

Eligibility. — To be eligible to enter a competitive examina- 
tion candidates must be at least sixteen years of age, must be 
residents of the State, and must have been in attendance upon 
some public school or academy of the State for at least six 
months during the year immediately preceding the date on 
which such competitive examination is held. Attendance upon 
an institution registered as an academy under the regulations 
of the University of the State of New York meets the require- 
ments of the law. Candidates must attend examinations in the 
county in which they actually reside. Students of either sex 
are eligible to these scholarships. 

Entrance Examinations. — ^All candidates who receive appoint- 
ments but who do not hold credentials to admit them to the 
University, are required to take the regular entrance examina- 
tions at the University. A failure to take this examination or 
to obtain a standing therein satisfactory to the University au- 
thorities forfeits all right to the scholarship. 

Vacancies. — If a vacancy occurs in a State scholarship, it is 
the duty of the president of the University to notify the Com- 
missioner of Education of such vacancy. The Commissioner of 
Education should then assign to such vacant scholarship the 
person standing highest on the eligible list of candidates for the 
county to which such scholarship belongs. If there should be 
no person on the eligible list for such county, then the Commis- 
sioner of Education should appoint the person standing highest 
on the eligible list which is made up from all the counties of the 
State. The person receiving such appointment is entitled to the 
privileges of such scholarship for the remaining period of the 
four years for which it was granted. 

Scholarship Privileges. — The holder of a State scholarship is 
entitled to free instruction in any department of the University 
for a period of four years. 



242 NEW YORK SCHOOL LAW 

Leave of Absence. — If a State scholar shows to the satisfac- 
tion of the president of the University that it is necessary for 
him to leave the University to earn funds with which to meet 
his living expenses while attending the University, the president 
may, in his discretion, grant such leave of absence, and such 
State scholar will then be allowed six years from the date of 
entrance in the University in which to complete the course. 

REVIEW QUESTIONS 

Explain fully the origin of State scholarships in Cornell University. 
How many scholarships are awarded each year? By whom are appoint- 
ments to these scholarships made? Explain fully how they are made. 
Explain fully how the competitive examinations are conducted. Who are 
eligible to enter these examinations? Where must candidates attend 
examinations? What is the ruling in relation to State scholars taking 
entrance examinations at the University? Explain how vacancies are 
filled in the University. What privileges does a scholarship confer? By 
whom may a leave of absence be granted to a State scholar? For 
what purpose? 



CHAPTER XXIV 

STATE NORMAL INSTITUTIONS 

[Article 32] 

Historical Sketch. — There are ten State normal schools in 
the State and one State normal college. Their location and the 
dates on which they were established and opened are as follows : 



Location 
Albany State Normal College. 

Brockport 

Buffalo 

Cortland 

Fredonia 

Geneseo 

New Paltz 

Oneonta 

Oswego 

Plattsburg 

Potsdam 



Estab- 




lished 


Opened 


1844 


1844 


1866 


1867 


1867 


187 1 


1866 


1869 


1866 


1868 


1867 


187 1 


1885 


1886 


1887 


1889 


1863 


1863 


1889 


1890 


1866 


1869 



The first school at Albany was simply an experiment and was 
only temporarily established. It was made a permanent insti- 
tution in 1848. In 1890, this school was changed to the State 
Normal College. Since the establishment of these institutions 
about 26,000 students have been graduated therefrom. They 
are now attended by about 7,000 pupils annually and maintained 
at an annual expense of about one-half million dollars. The 
value of the property of these schools is more than $3,500,000. 

The Object. — The acts creating these schools state their estab- 
lishment to be " for the instruction and practice of teachers of 
common schools in the science of education and the art of 
teaching." 



244 NEW YORK SCHOOL LAW ■ 

How Established. — Normal schools are established by special 
act of the State legislature. There is no general law providing 
for their creation. 

How Governed. — The Commissioner of Education has general 
supervision of these schools. Each school, however, has a local 
board, whose members are appointed for life by the Commis- 
sioner of Education. As vacancies occur, either by death or 
resignation, they are filled by appointment by the Commissioner 
of Education. The local board must consist of not less than 
three and not more than thirteen members. (The State Normal 
College board of trustees consists of five members.) The num- 
ber on each board varies, ranging from six to thirteen. Mem- 
bers of a local board can be removed by the joint action of the 
Commissioner of Education and the Chancellor of the University 
of the State of New York. A majority of the members of a 
local board constitutes a quorum for the transaction of business. 

Powers and Duties of Local Board. — i. The local board is 
required to establish rules and regulations for the general gov- 
ernment of the school under its direction subject to the approval 
of the Commissioner of Education. 

2. The local board is required to make an annual report in 
such form and giving such information as the Commissioner of 
Education shall direct. This report is submitted to the State 
legislature through the Commissioner of Education. 

3. Local boards are the custodians of the buildings and 
grounds of their respective schools and of all other property of 
the State pertaining thereto. 

4. Local boards are authorized to appoint special policemen 
to protect the buildings and grounds and to preserve peace. 
These officers have power to arrest offenders. 

5. It is the duty of local boards to supply these schools with 
necessary equipments and supplies. 

6. Local boards may, with the approval of the Commissioner 
of Education, accept for the State money or property of any; 



STATE NORMAL INSTITUTIONS 245 

.Tvind to be used for the general support of these schools as may 
be prescribed by the instrument making the gift. 

7. Local boards employ and contract with the teachers em- 
ployed in their respective schools. 

8. A local board has power to dismiss pupils. 

Principal. — The principal is the chief executive officer for the 
board and has the immediate supervision of all work pertaining 
to the management of the school and the instruction given therein. 

Powers and Duties of Commissioner of Education. — The 
Commissioner of Education is directed by law to appoint mem- 
bers of the local board, he determines the number of teachersi 
to be employed and the amount of compensation to be paid them, 
he approves the appointment of teachers, and also prescribes] 
the courses of study. 

He is also empowered to prescribe the conditions upon which 
pupils will be admitted to these schools, and to determine the 
number which may be admitted to each institution. 

Admission of Pupils. — To be admitted to a normal school, 
candidates must be at least sixteen years of age and must receive 
an appointment from the district superintendent of the super- 
visory district or from the superintendent of schools of the 
city in which such candidates reside. Candidates must present 
a diploma of graduation from the four-years course prescribed; 
by the Commissioner of Education for admission to normal 
schools and city training schools under the provisions of section 
551 of the education law. 

Candidates, twenty-one years of age, and who have had two 
years of high school work, or its equivalent, and in addition 
thereto have taught two years, will be admitted to the normal 
school on the understanding that they must complete the high 
school course in addition to the professional course before they 
shall be graduated. 

Graduates of training classes who entered the class upon an 
academic diploma and who have taught one year since graduation 
from the training class may complete the professional course in 



9.^6 NEW YORK SCHOOL LAW 

the normal school in one year if they possess the required apti- 
tude for training. 

Privileges of Pupils. — Residents of the State regularly ad- 
mitted to a normal school can not be charged tuition and can 
not be charged for the use of books or apparatus. Pupils, how- 
ever, are chargeable for books lost by them or damaged while 
in their possession. 

Dismissal of Pupils. — The local board may dismiss pupils 
for disorderly or immoral conduct or for neglect or inability 
to perform their work, or for a failure to comply with the regu- 
lations of the school upon which they are in attendance. 

Non-Resident Pupils. — Pupils who are not residents of the 
State may be admitted to these schools upon paying such tuition 
as the Commissioner of Education shall prescribe, which is $20 
per term. 

Indian Pupils. — The State Treasurer is authorized to pay on 
the warrant of the State Comptroller to the Commissioner of 
Education such sum as may be appropriated for the support 
and education of Indian youth in the State normal institutions. 

These pupils must be selected by the Commissioner of Edu- 
cation from the several Indian tribes in the State so as to dis- 
tribute such selections equitably among these tribes. They must 
not be under sixteen years of age, and they are not entitled 
to more than three years' education in such school. The local 
board is made the guardian of such pupils while they are in 
attendance upon such institution, and such board is authorized 
to pay the necessary expenses of such pupils, from the funds 
provided for such purpose. 

Courses of Study. — Each of the normal schools has a two- 
years' professional coursu The course is practically the same 
in all the schools. Some also have a special kindergarten and 
primary course. These courses are prescribed by the Commis- 
sioner of Education. Other special courses are now being 
planned for these schools. 



STATE NORMAL INSTITUTIONS 24/ 

Diplomas. — The Commissioner of Education prepares diplo- 
mas, which are granted to those who complete a course of study 
in these institutions. These diplomas are signed by the Com- 
missioner of Education, the chairman and secretary of the local 
board, and the principal of the school. State Normal College 
diplomas are signed by the Commissioner of Education, the 
President of the college, and all members of the board of trustees. 
Such diplomas entitle their holders to teach for life in the public 
schools of the State. They may be revoked by the Commissioner 
of Education for cause. The diplomas show the course of study 
which was pursued. 

Application of Tuition. — Local boards could formerly expend 
the tuition received from any department of their respective 
schools for apparatus, furniture, repairs, insurance, improve- 
ments upon the grounds or buildings, or for ordinary current 
expenses. It is now paid into the State treasury but is appro- 
priated by the legislature to the schools which collected it. 

Application of Insurance Money. — Whenever money is 
realized from insurance of the property or buildings of normal 
schools, such money must be deposited by the company in which 
such property is insured in a bank designated by the State 
Comptroller. It must be placed to the credit of the local board 
of such school and kept as a separate fund. Such money may 
be immediately used by the local board of the school to which 
it belongs upon the approval of the Commissioner of Education, 
to repair or replace in whole or in part the property damaged 
or destroyed. 

Local Authorities May Insure Normal School Property. 

The authorities of each city or village in which a State normal 
school is located may insure the real and personal property of 
such school when the State refuses to keep adequate insurance 
on such property. Such insurance must be in the name of the 
State, and any money obtained therefrom must be used to repair 
or replace the property damaged or destroyed. 



248 NEW YORK SCHOOL LAW 

Academic Departments. — In some normal schools, academic 
departments are maintained by the State for the benefit of the 
localities in which such normal schools are located. Children 
of school age residing within the bounds of such localities are 
entitled to attend such schools. This is done in consideration 
of certain privileges conferred upon such school by these locali- 
ties at the time such normal schools were created. Non-resident 
pupils can not lawfully be permitted to attend the academic 
departments of these schools. 

Removal of Teachers. — The principal and any teacher em- 
ployed in a normal school may be removed upon joint action 
of the local board and the Commissioner of Education. The 
initiatory steps in these proceedings should be taken by the local 
board. In June, 1880, Superintendent Gilmour demanded the 
resignation of Principal Hoose, of the Cortland normal school. 
Principal Hoose refused to resign. In July, Superintendent 
Gilmour withdrew his approval of the appointment of Principal 
Hoose and appointed another principal, whom the local board 
would not approve. The case was taken to the courts, and in 
April, 1882, the Court of Appeals decided the case in favor of 
Principal Hoose and the local board, on the ground that joint 
action of the board and Superintendent was necessary to remove 
the principal, and that the Superintendent did not possess the 
power of removal. 

The Court of Claims in 1884, awarded Dr. Hoose payment in 
full for his salary, except for the time he was elsewhere employed,, 
between the beginning of the litigation and the decision of the 
Court of Appeals. 

Special Powers for Fredonia School. — The practice depart- 
ment of the Fredonia normal school is treated as a union free- 
school district. 

Jamaica School. — This school was established in 1893 ^""^ 
opened in 1897. It was transferred by chapter 524, Laws of 
1905, to the control of New York city. 



STATE NORMAL INSTITUTIONS 249 

RETIREMENT OF TEACHERS 
[Article 43a] 

General Statement. — The legislature of 1910 enacted a civil 

service retirement law. It is the first law of this character 
enacted in the history of the State. It applies to teachers em- 
ployed for a certain period of time in a college, university, school 
or institution maintained and supported by the State. It was 
more particularly enacted however in the interests of the teach- 
ers employed in the State normal schools. Teachers are there- 
fore the first of the civil employees of the State to receive 
recognition under a retirement fund. 

Who May Retire or be Retired. — A person who has taught 
in the aggregate thirty years either in this State or elsewhere 
and for ten years immediately preceding application for retire- 
ment taught in one of the State institutions above described 
and must on his request be retired. Service in teachers insti- 
tutes may be counted the same as teaching. 

2. A teacher of like age and experience who does not make 
application for retirement may on the order of the Commis- 
sioner of Education be retired. 

3. A teacher of like experience without qualification as to 
age who has become incapacitated physically or mentally and 
such fact is certified by a majority of the board or governing 
body in charge of the school or institution in which he is em- 
ployed may on the order of the Commissioner of Education 
be retired. 

4. A teacher who has taught ten years in one of these insti- 
tutions and who has taught an aggregate period of twenty years 
and who has become physically or mentally incapacitated and 
such fact is certified by the board in charge of the institution in 
which he is teaching m,ay on the order of the Commissioner of 
Education be retired. 

Retirement Certificate.— A teacher who is entitled to retire 
or to be retired under either of the first two provisions defined 



■2SO 



NEW YORK SCHOOL LAW 



in the preceding paragraph should execute an affidavit setting 
forth the number of years of employment, the places where 
•employed and the salary received at the time. Such affidavit 
should be filed with the Commissioner of Education. The Com- 
missioner of Education if satisfied that the affidavit is truthful 
should issue a certificate to such teacher to the effect that he 
lias been retired from active service. 

If a teacher is retired on the order of the Commissioner of 
Education he should also issue to such person a retirement 
certificate. 

Amount to be Paid to Retired Teacher. — A teacher retired 
imder this law is entitled to be paid one-half his salary at the 
time of retirement but the amount paid shall in no case exceed 
$1,000. In no case shall the amount be less than $300. 

Time of Payment. — The law provides that payment shall be 
made quarterly commencing with the first quarter after the date 
of the issuance of the retirement certificate. 

REVIEW QUESTIONS 

How many normal schools are there in the State? When was the 
first one estabHshed? Where? When was it made permanent? What 
change was made in this school in 1890? How many persons have been 
graduated from these institutions? What is the annual attendance? 
What does it cost annually to maintain them? What is the value of 
their property? What is the object of these institutions? How are they 
•established? 

Who has general supervision of these schools? What local authority 
has supervision of these schools? How is the local board chosen? For 
what period? Who is the executive officer of the board? Of how many 
members does the local board consist? How may members of this board 
be removed? What is the board in charge of the State normal college 
called? Of how many members does it consist? What are the duties 
of the local board in relation to establishing regulations? In submitting 
reports to legislature? In caring for buildings and other property? In 
appointing special policemen? In supplying schools with equipments? 
In accepting gifts made to the schools for the State? In employing 
teachers? In dismissing teachers? State fully the powers and duties of 
the Commissioner of Education. 

Who may be admitted to these schools? By whom are appointments 



REVIEW QUESTIONS 251 

made? By whom approved? What certificates of proficiency are 
accepted ? 

To what privileges are pupils entitled? Who may dismiss pupils? For 
what reasons? Upon what conditions are non-resident pupils admitted? 
Who are non-resident pupils? What amount is the State Comptroller 
authorized to pay each year for the support and education of Indian 
youth in these schools? How many of such youth may be educated from 
such fund? How are they chosen? What must be their age? How 
many years may they attend these schools? Who is made guardian of 
these pupils? What amount may be expended each year upon these 
pupils? 

What courses of study do these school have? Are these courses 
uniform? By whom are they prescribed? Who receive diplomas from 
these schools? By whom are such diplomas prepared? By whom are 
they signed? What privilege do such diplomas confer? For what may 
they be revoked? 

How may tuition money be expended? Where must money derived 
from insurance be deposited? What application may be made of such 
money? What are academic departments in these schools? How were 
they created? Who may attend these departments? Can non-resident 
pupils be admitted? How may a teacher be removed? Give details of 
the case relating to the removal of Principal Hoose, of Cortland. 

What was the first law authorizing the retirement of State civil em- 
ployees enacted in this State? To whom does it apply? Name the 
various conditions under which such teachers may retire or be retired. 
By whom is a retirement certificate issued? When? What amount is to 
be paid a retired teacher? The maximum to a supervising official or a 
princ'pal? To a teacher? The minimum amount? When is it payable? 



CHAPTER XXV 

SCHOOLS FOR COLORED CHILDREN, ORPHAN SCHOOLS, INDIAIST 
SCHOOLS, DEAF AND DUMB AND BLIND INSTITUTIONS 

SCHOOLS FOR COLORED CHILDREN 
[Article 36] 

Where Established. — Previous to September i, 1900, the 
school authorities of any city or of any incorporated village, 
the schools of which were organized under the union free-school 
law or under special acts, possessed the power to establish 
schools for colored children. The legislature of 1900 amended 
the law relating to colored schools by repealing section 28 of 
title 15 of the Consolidated School Law. The school authorities 
of the cities and incorporated villages of the State are, there- 
fore, prohibited from establishing schools for colored children. 
This repealing act also contained a provision that no person 
should be refused admission into or be excluded from any public 
school in the State on account of race or color. 

The only school districts, therefore, in which schools for col- 
lored children may be established are union free-school districts 
outside of cities and incorporated villages, and common-school 
districts outside of cities and incorporated villages, which are 
organized under special acts. Schools for colored children may 
be organized in these districts when the inhabitants so direct by 
a resolution at an annual meeting or special meeting regularly 
called for that purpose. 

Children Who May Attend. — When a separate school is 
established for colored children in any district, the colored chil- 
dren residents of such district between the ages of five and 
twenty-one years are entitled to attend such separate school. 



SCHOOLS FOR COLORED CHILDREN, ETC. 253 

How Supported. — When separate colored schools are estab- 
lished in any district such schools must be supported in the 
same manner and to the same extent that schools are supported 
in such districts for white children. 

Equipment of Schools. — Colored schools are subject to the 
same rules and regulations that control white schools, and the 
facilities for instruction in colored schools must be equal to those 
in the schools for white children. 

Teachers. — The teachers employed in colored schools must 
be legally qualified teachers. 

ORPHAN SCHOOLS 
[Article 35] 

The schools of all the incorporated orphan asylum societies 
in this State, except those in the city of New York, are subject 
to the rules and regulations of the common schools of the city 
or district in which such societies are located, but such schools 
are under the immediate management and direction of such 
societies. 

These schools are entitled to participate in the apportionment 
of the school moneys in the same manner and to the same 
extent, in proportion to the number of children educated therein, 
as are the common schools in the districts in which such societies 
are located. 

The presiding officer of each asylum maintaining a school 
must make an annual report to the Commissioner of Education, 
showing the number of pupils therein, the studies pursued by 
them, the time devoted thereto, and the manner in which public 
funds apportioned it have been expended. 

INDIAN SCHOOLS 
[Article 37] 
General Statement. — There are eight Indian reservations in 
this State. On these reservations thirty-three Indian schools are 



254 NEW YORK SCHOOL LAW 

maintained, in which are employed thirty-six teachers. The 
following tables gives important information relative to these 
reservations for 1912: 

"o 81 
Name of Reservation County of Location i -^g 

Allegany Allegany 127 

Cattaraugus Cattaraugus and Erie 140 

Onondaga Onondaga 98 

St. Regis Franklin and St. Lawrence 185 

Shinnecock Suffolk 30 

Tonawanda Erie 87 

Tuscarora Niagara 41 

708 

Duty of Commissioner of Education. — The Commissioner of 
Education is charged with general supervision of the Indian 
schools. He should ascertain the needs and character of the 
education of the various Indian bands in the State, and provide 
schools in such places as he deems necessary. He employs all 
necessary teachers, truant ofificers, and other assistants and 
employees and fixes their salaries. He erects school buildings 
when funds are appropriated therefor. 

Co-operation of Indians. — The Commissioner of Education 
is charged with obtaining the co-operation of the several bands 
of Indians in supporting the schools established for their benefit. 
He is required to visit their reservations, or delegate some repre- 
sentative to visit them, to discuss means of improvement and 
education with them in public assembly and to induce them^ 
if possible, to donate land, material, labor, and public funds for 
the erection of suitable buildings. 

Protection to Title. — When any of the Indian land shall have 
been given for occupancy or use for school purposes the right 
or title of Indians to such land should be protected. The right 
of the State to remove or otherwise dispose of all improvements 



SCHOOLS FOR DEAF AND BLIND 



2SS 



made at the expense of the State should be reserved in all 
contracts. 

Annual Appropriation. — For the purpose of executing the 
provisions of law relating to Indian schools, the legislature makes 
an annual appropriation. This money is paid by the State- 
Treasurer on the warrant of the Comptroller to the order of 
the Commissioner of Education, from time to time, as such 
money is needed. Special appropriations from the general fund 
are sometimes made by the legislature for repairs and improve- 
ments on the school property of reservations. 

Vouchers and Receipts. — The Commissioner of Education is. 
required to file in his office vouchers and receipts for all ex- 
penditures made under the provisions of this chapter. 

Report to Legislature. — The Commissioner of Education is 
required to report annually to the legislature the condition o£ 
Indian schools. 

DEAF AND DUMB AND BLIND INSTITUTIONS 
[Article 38] 

Duty of Commissioner of Education. — ^All institutions for 
the instruction of the deaf and dumb and blind, and all other 
similar institutions incorporated under the laws of this State 
are under the inspection and supervision of the Commissioner 
of Education. He should ascertain the expenditures of each 
institution, the system of instruction pursued therein, and the- 
condition of the lodgings and accommodations of the pupils. 

He should ascertain by comparing these institutions with 
similar institutions whether improvements in instruction and 
discipline can be made. For this purpose he may appoint per- 
sons to visit these institutions. He should also suggest to the 
directors of these institutions and to the State legislature those 
improvements and changes which in his judgment are deemed, 
wise. 

Annual Report. — The Commissioner of Education is required 
to make an annual report to the State legislature on all matters 



256 NEW YORK SCHOOL LAW 

relating to these institutions; particularly to the condition of 
the schools, the improvement of the pupils, and their treatment 
in respect to board and lodging. 

Eligibility of Appointments of Deaf and Dumb Persons. 
— A deaf and dumb person to receive an appointment as a State 
pupil to an institution for the deaf and dumb must possess the 
following qualifications : Such person must be upwards of twelve 
years of age and have been a resident of the State for one year 
immediately preceding his or her application for admission to 
such institution; or, if a minor, the parent or parents, or if an 
orphan, the nearest friend must have been a resident of this 
State for one year immediately preceding the application for an 
appointment as a State pupil. 

Eligi&ility of Blind Persons for Appointment as State 
Pupils. — All blind persons of suitable age (no specific age re- 
quired by law) who possess the same qualifications in regard 
to residence as deaf and dumb candidates, may be appointed 
State pupils as follows : 

All those who are residents of Nassau, New York, Kings, 
Queens, SufiFolk, Richmond, Westchester, Putnam, and Rock- 
land shall be appointed to the Institution for the Blind in New 
York city. Those residing in all other counties in the State 
should be appointed to the Batavia institution. 

By Whom Appointments are Made. — Appointments of State 
pupils to any of these institutions, except the Institution for the 
Blind in Batavia, are made by the Commissioner of Education 
upon application. In making such appointments the Commis- 
sioner of Education may impose the condition, in the case of 
parents or guardians or friends who have sufficient means, that 
some portion of the expense of educating and clothing such 
pupil shall be borne by the parent, guardian or friend. The Com- 
missioner also has the authority to modify such conditions when- 
ever he deems it wise to do so. Appointments to the Batavia 
institution are made to the board of trustees, and must be 
iipproved by the county judge or county clerk of the county or 



-' SCHOOLS FOR DEAF AND BLIND 257 

the supervisor or town clerk of the town or the mayor of the 
city in which the appHcant resides. 

Support of State Pupils. — A State pupil appointed to any 
of these institutions must be provided with board, lodging, and 
tuition. The Deaf and Dumb institutions and the Blind institu- 
tions are entitled to receive such sum for each pupil to be paid 
quarterly as the legislature appropriates. State pupils who are 
children of indigent parents or guardians are supplied with 
clothing by the counties from which they are appointed. 

The treasurer of each institution should present a bill showing 
the number of pupils and the time each pupil attended, to the 
State Comptroller for audit and payment. 

This bill must be signed and verified by oath of the president 
and secretary of the institution. The bill is paid by the State 
Treasurer on the warrant of the Comptroller. 

Term of Instruction. — The regular term of instruction for 
each pupil is five years, but the Commissioner of Education may 
extend such time not to exceed three years. He maj also ex- 
tend the term to cover three years of instruction beyond the ele- 
mentary course. 

Regulations for Admission of Pupils. — The Commissioner 
of Education may establish regulations to require the admission 
of pupils at these institutions at regular periods. 

The legislature of 1897 authorized the Albany Home School 
for the Oral Instruction of the Deaf to receive deaf and dumb 
persons who are eligible to appointment, and who are more than 
twelve years of age. The Commissioner of Education is also 
authorized to make appointments to this institution. 

County Must Supply Clothing. — If a parent or guardian of 
a State pupil in any of the institutions for the deaf and dumb 
is unable to furnish such pupil clothing, the board of super- 
visors of the county from which such pupil was appointed must 
raise each year for each of such pupils the sum of $30 for 
supplying clothing to such pupils. 

Payment for Aid to Blind Pupils Attending College, — The 
trustees of any college, university, technical or professional 
school located in this State, authorized to confer degreea 



258 NEW YORK SCHOOL LAW 

except an institution for the instruction of the blind, may 
designate blind students in attendance upon such institu- 
tions who are residents of this State as fit persons to 
receive special aid in doing the work required in such institution. 
Persons may be employed to read to such blind students from 
the text books or pamphlets used by such students in their 
studies at a compensation of $300 per year. 

The treasurer of any of such institutions after the beginning 
of a school year may present to the State comptroller a verified 
statement showing the number of blind students regularly 
matriculated and working for a degree. No other student can 
be included. The Comptroller will issue his warrant and thereon 
the State Treasurer will pay to the treasurer of such institution 
the amount to which the institution is entitled. The trustees of 
the institution will then disburse the moneys for the purposes 
aforesaid. 

Instruction for Blind Babies, etc. — The Commissioner of 
Education may in his discretion appoint children twelve years 
of age and under as State pupils in one of the homes for blind 
babies and children maintained by the International Sunshine 
Society, Brooklyn Home for Blind, Crippled and Defective 
Children and the Catholic Institute for the Blind. When these 
children are thus appointed to one of these homes the home re- 
ceiving them is entitled to the same compensation that other in- 
stitutions receive which may accept State blind pupils. 

REVIEW QUESTIONS 

Ib what school districts may a board of education establish schools 
for colored children without a vote of the district? In what districts 
is a vote required before a board can establish such schools? Who are 
entitled to attend such colored schools? How are such schools sup- 
ported? How should such schools be equipped? What teachers must 
be employed? 

How are the schools of the incorporated orphan asylum societies 
related to the public school system? To what public money are they 
entitled? What report must be filed with the Education Department? 
What is the duty of the Commissioner of Education in relation to 
Indian schools? When may he cause school buildings to be erected 
on Indian reservations? What co-operation of the Indians should he 
enlist? What protection to title should be given to Indians when their 



REVIEW QUESTIONS 259 

land is used for school purposes? What right should be reserved to 
the State? What amount is annually appropriated for this purpose? 
How is this money paid? What is done with the vouchers and receipts? 
What reports must be made in relation to Indian reservations? 

What jurisdiction has the Commissioner of Education over Deaf and 
Dumb and Blind institutions? What knowledge of the work of these 
institutions should he possess? What report in relation to these insti- 
tutions must be made? Who are eligible to appointment as State deaf 
and dumb pupils? Who are eligible to appointment as State pupils 
to blind institutions? By whom are these appointments made? In 
making these appointments what conditions may the Commissioner of 
Education impose? How are these State pupils supported? To whom 
are bills for these expenses presented? In what form? By whom 
are they paid? What is the regular period of instruction? What ex- 
tension may be granted? Who adopts the regulations for admission of 
these pupils'? What institution was authorized by the legislature of 
1897 to receive deaf and dumb pupils for Instruction? When must a 
county provide pupils with clothing? Explain the conditions under 
which payments will be made by the State to assist blind pupils in at- 
tendance upon college? 



CHAPTER XXVI 

APPEALS TO THE COMMISSIONER OF EDUCATION 

[Article 34] 

Who May Appeal, — Any person considering himself aggrieved 
under the provisions of this title of the Education Law may 
bring an appeal to the Commissioner of Education for judicial 
determination. 

Action Appealable. — Any action of a school district meeting, 
of a trustee of any school district, of a supervisor in relation 
to school moneys, of a district superintendent or other ofificer 
relating to the boundaries of school districts, or an apportion- 
ment of school moneys, or the action of any of the foregoing 
concerning any other matter under the Education Law, or per- 
taining in any way to the common-school system, may be re- 
viewed by the Commissioner of Education on appeal to him in 
due form. 

Judicial Authority. — The Commissioner of Education is a 
judicial as well as an executive officer. The administration of 
the school system through local officers and the action of school 
district meetings give rise to numerous questions which must 
be settled by some judicial authority. It is important that these 
numerous questions shall be settled at an early date and with 
the least expense possible. To meet this situation, the State 
legislature has conferred upon the Commissioner of Education 
the power to hear and determine questions of this kind in the 
same manner that they are heard and determined by courts. 
Several hundred appeals are decided by the commissioner each 
year, and since vesting this power in the chief officer of the 
education system over 10,000 appeals have been decided by him. 

Powers of Commissioner. — Under this title of the education 
law the Commissioner of Education is given power to regulate 



APPEALS TO THE COMMISSIONER OF EDUCATION 261 

the practice under which appeals shall be brought under his' 
jurisdiction. He may render a decision on the law and the facts 
submitted and make any order necessary to give force and effect 
to his decision. 

Decision Not Reviewable. — The decision of the Commissioner 
of Education on an appeal brought before him by an aggrieved 
party from any decision made by a school district meeting, 
by any school district officer, by a supervisor in relation to pay- 
ment of school moneys, or an appeal brought before him by 
any other official act or decision pertaining to the school system 
of the State, is final and conclusive and cannot be reviewed by 
any court. 

Decision Reviewable. — An original application to the Com- 
missioner of Education to act in a case where no action has 
been taken before, is not an appeal to the Commissioner of Edu- 
cation from any decision of an officer or body. It is a direct 
application to the commissioner to exercise a power which is 
original and not appellate. An application, therefore, to the 
commissioner to remove a trustee of a school district is not 
an appeal in the sense in which this term is used in the education 
law. The action of the commissioner in a case of this kind 
was held to be reviewable by the courts. (159 N. Y. 162.) 

The law was amended in 1910 providing that the Commis- 
sioner of Education could institute such proceedings as the 
education law authorizes and that his decision in any such 
proceeding or in any case brought to him for determination on 
petition or appeal should be final and not subject to review. The 
decision of the commissioner therefore in a case where he acts 
originally would seem to be final and not reviewable by the 
courts. 

Rules of Practice. — The Commissioner of Education has pre- 
scribed the following rules to govern the practice of appeals : 

I. An appeal must be in writing, addressed " To the Com- 
missioner of Education," stating the grounds upon which it is 
taken, and signed by the appellant or appellants. The appeal 
must be verified by the oath of the appellant or appellants. 



262 NEW YORK SCHOOL LAW 

When the appeal is made by the trustees of a district, it must 
be signed by all the trustees, or a reason must be given for the 
omission of any, verified by the oath of the appellant, or of 
gome person acquainted with such reason. 

2. A copy of the appeal, and of all the statements, maps and" 
papers intended to be presented in support of it, with the 
affidavit in verification of the same, must be served on the officer 
or officers whose act or decision is complained of, or some of 
them; or if it be from the decision or proceeding of a district 
meeting, upon the district clerk or one of the trustees, whose 
duty it is to cause information of such appeal to be given to 
the inhabitants who voted for the decision. 

3. Such service must be made by delivering a copy of the 
appeal to the party to be served personally, or, in case he cannot 
be found in the supervisory district in which he resides, after 
due diligence, by delivering and leaving the same at his resi- 
dence, with some person of suitable age and discretion, betv/een 
six o'clock in the morning and nine o'clock in the evening. 

4. Immediately after the service of such copy, the original, 
together with an affidavit proving the service of a copy thereof 
and stating the time and manner of the service and the name 
and official character of the person upon whom such service was 
made, must be transmitted to the Education Department at 
Albany. 

5. Such original appeal and all papers, etc., annexed thereto, 
with proof of service of copies, as required by rules 3 and 4, 
must be sent to the Education Department within thirty days 
after the making of the decision or the performance of the 
act complained of or within that time after the knowledge of the 
cause of complaint came to the appellant, or some satisfactory 
excuse must be rendered in the appeal for the delay. If an 
answer is received to an appeal which has not been transmitted 
to the Department, such appeal will be dismissed. 

6. The party upon whom an appeal shall be served must, 
within ten days from the time of such service, unless further 



APPEALS TO THE COMMISSIONER OF EDUCATION 263 

time be given by the Commissioner of Education, on application, 
answer the same, either by concurring in a statement of facts 
with the appellant or by a separate answer, and of all affidavits, 
papers, maps, etc., in support thereof. Such statement and 
answer must be signed by all the trustees or other officers whose 
act, omission or decision is appealed from, or a good reason, 
on oath, must be given for the omission of the signature of any 
of them. Such answer must be verified by oath and a copy 
thereof and of all the statements, maps, papers, etc., intended 
to be presented in support thereof, served on the appellants or 
some one of them, in like manner as is provided in rule 3 for 
the service of a copy of an appeal. 

7. Immediately after the service of a copy of such answer 
and the statements, papers, etc., presented in support thereof, 
the original answer and papers, etc., together with an affidavit 
of the service of such copy and stating the time and manner 
of the service and the name and official character of the person 
upon whom such service was made, as hereinbefore provided 
for the service of a copy of an appeal, must be transmitted to 
the Education Department, at Albany. 

8. No reply, replication or rejoinder shall be allowed, except 
by permission of the Commissioner of Education in which case 
such reply, replication and rejoinder must be duly verified by 
oath, and copies thereof served on the opposite party. Imme- 
diately after the service of such copy, the original, together with 
an affidavit of such service, and stating the time and manner 
of the service and the name and official character of the person 
upon whom such service was made, must be transmitted to the 
Education Department, at Albany. 

9. So far as the parties concur in a statement, no oath will 
be required to it. But all facts, maps or papers, not agreed upon 
by them and evidenced by their signature on both sides, must 
be verified by oath. 

10. When any proceeding of a district meeting is appealed 
from, and when the inhabitants of a district generally are inter- 



264 NEW YORK SCHOOL LAW 

ested in the matter of the appeal and in all cases where an 
inhabitant might be an appellant had the decision or proceedings 
been the opposite of that which was made or had, any one or 
more of such inhabitants may answer the appeal, with or without 
the trustees. 

11. When the appeal has relation to the alteration or forma- 
tion of a school district, it must be accompanied by a map, ex- 
hibiting the site of the school-house, the roads, the old and new 
lines of districts, the different lots, the particular location, and 
distance from the school-houses of the persons aggrieved, and 
their relative distance, if there are two or more school-houses 
in question ; also, a list of all the taxable inhabitants in the dis- 
trict or territory to be affected by the question, showing in 
separate columns the valuation of their property, taken from 
the last assessment-roll, and the number of children between 
five and twenty-one belonging to each person, distinguishing the 
districts to which they respectively belong. 

12. An appeal, of itself, does not stay the proceedings. If 
the party desires such stay he should apply for it by petition, 
stating the facts why such stay should be made, duly verified. 
The commissioner will grant a stay, or not, as in his judgment 
it may be proper, or may subserve the interests of either party 
or the public ; and may direct a copy of the petition to be served 
on the opposite party and a hearing of both sides before deciding 
upon the application. 

13. The affidavit of verification, required by these rules to 
an appeal, answer, reply, replication and rejoinder, must be to 
the effect that the same is true to the knowledge of the affiant, 
except as to the matters therein stated to be alleged on informa- 
tion and belief, and that as to those matters he believes it to 
be true. 

14. All oaths required by these rules may be taken before 
any person authorized to take affidavits. 

15. All appeals and other papers therein must be fairly and 
legibly written ; and if not so written, may, in the discretion 
of the commissioner, be returned to the parties. 



REVIEW QUESTIONS 265 

16. When any party, appellant or respondent, is not repre- 
sented on the appeal by any attorney, the name of such party, 
with the names of the district, town and county and his post- 
ofi&ce address must be indorsed upon each paper of the party so 
represented, filed in the Department on such appeal ; and when 
represented by an attorney, the name of such attorney, with 
name of the district, town and county affected and his post-office 
address, must be so indorsed upon each paper of the party so 
represented, filed in the Department on such appeal. 

17. Submission of appeals may be made upon the papers filed 
therein, with or without oral argument, or the filing of briefs, 
as the commissioner, upon application, may determine. 

18. The decision of the commissioner in every case will con- 
tain the order, or directions, necessary and proper for giving 
effect to his decisions. 

19. A decision upon an appeal will be forwarded by the 
commissioner to the clerk of the school district in which the 
appeal arose, or the town clerk of the town, when the appeal 
relates to the alteration of a district in which the order appealed 
from is filed, whose duty it will be to fi4e the same in his office 
as a public record. 

The Appellate Division of the Third Department held in 
Walrath vs. The Board of Education of the City of Troy, in 
March, 1906, that a writ of certiorari could not be issued to 
review the action of the Board in dismissing Walrath as prin- 
cipal of the high school and that his remedy was an appeal to 
the Commissioner of Education. 

REVIEW QUESTIONS 

Who may appeal to the Commissioner of Education? What actions 
are appealable? Why was judicial authority conferred on the Com- 
missioner of Education? What general power has the Commissioner 
in such matters? Are his decisions reviewable? Give in substance case 
159 N. Y., 162. How was this affected by the amendment of 1910? 
What additional power was given the Commissioner of Education 
in 1910? 



CHAPTER XXVII 

TEXT-BOOKS, CODE OF PUBLIC INSTRUCTION, ARBOR DAY, FLAG LAW 

[Article 25] 

Adoption of Text-Books. — In union free-school districts and 
cities, boards of education or bodies performing the duties of 
boards of education, constitute the proper authority to deter- 
mine and adopt the text-books that shall be used in the schools 
under their jurisdiction. 

In common-school districts, text-books for use in such schools 
must be designated by the legal voters of each of such districts 
at an annual meeting. The votes of two-thirds of all the legal 
voters present and voting at such meeting are necessary to adopt 
any text-book. As the law provides that the adoption of text- 
books in a common-school district shall be at an annual meeting, 
such action can not be taken at a special meeting. 

Change of Text-Books. — After a text-book shall have been 
regularly adopted for the schools of a union free-school district 
or city by the board of education of such district or city, or by 
any other body performing the duty of such board, it is un- 
lawful for such board to supersede the books thus adopted by 
any other book within a period of five years from the date on 
which such books were adopted, except by a three-fourths vote 
of the members of such board. 

In a common-school district, after a text-book has been regu- 
larly adopted it cannot lawfully be superseded within a period 
of five years, except upon a three-fourths vote of the legal voters 
of such district present and voting at an annual meeting. 

After a text-book regularly adopted has been in use in a 
union free-school district or city for five or more years, such 
took may be superseded by another book, by a majority vote 



TEXT-BOOKS, CODE OF PUBLIC INSTRUCTION, ETC. 267 

of the members of the board of education having jurisdiction. 
In a common-school district, after a text-book, regularly adopted, 
has been in use for five or more years, it may be superseded by 
another book, by a two-thirds vote of the legal voters of such 
district present and voting at any annual meeting. 

Penalty for Violations. — Any person or persons guilty of a 
violation of the provisions stated in either of the foregoing 
paragraphs, is liable to a fine of not less than $50 nor more than 
$100 for each offence. 

Fine, How Collected. — Any tax-payer may sue any person 
guilty of a violation of these provisions before a justice of the 
peace. Such fine, when collected, should be paid to the collector 
or treasurer of the district in which such violation occurred, 
and used for the benefit of the schools of such district. 

Supplying Pupils with Text-Books. — A meeting of a union 
free-school district may vote an appropriation for supplying indi- 
gent pupils with text-books. When such action is taken by a 
district meeting, it is the duty of the board of education to pro- 
vide books for such pupils. 

Free Text-Books. — A majority of the legal voters of a union 
free-school district may decide to supply the pupils of such dis- 
trict with free text-books. This question may be voted upon 
at a special meeting regularly called, or at an annual meeting 
when notice has been duly given that such vote will be taken. 
The vote must be by the ayes and noes and must be duly 
recorded. When the voters of a district have decided to furnish 
pupils free text-books, the board of education of such district 
must supply all pupils within ninety days with free text-books. 
The board of education has authority to prescribe regulations 
for the care, use, and distribution of books. . 

EDUCATION CODE 

Custodian of Code. — The trustee or trustees of each school 
district are the custodians of the Education Code of their dis- 



268 NEW YORK SCHOOL LAW 

trict, and they should deliver such code to their successors in? 
office. 

Loss of Code. — If through the fault or neglect of any trustee, 
the code belonging to his district is lost or destroyed, it is the 
duty of such trustee to purchase a copy of the latest edition 
of the Education Code and deliver it to his successor in office 
in the place of the copy lost or destroyed through his negligence. 

Penalty. — Any trustee who fails to take proper care of such 
code belonging to the district or who fails or refuses to replace 
such copy when lost or destroyed through his negligence, is sub- 
ject to a fine of $25, to be sued for by the supervisors of the 
town in which the district is located. A fine collected from 
this source must be used for the purchase of books for the 
school library. 

ARBOR DAY 
[Article 29] 

History. — Arbor Day in New York was created by chapter 
196 of the Laws of 1888 and has been observed annually by the 
public schools of the State from that date. Since the establish- 
ment of this day the school children have planted on the school 
grounds of the State about 200.000 trees and many plants and 
shrubs. 

Arbor Day originated in Nebraska in 1872, and is now ob- 
served by every State in the Union. 

State Tree. — In 1889 the vote of the school children of the 
State for a State tree resulted in the sugar maple's receiving a 
majority of all votes cast. Since that time the sugar maple 
has been considered the State tree. 

State Flower. — In 1890 State Superintendent Draper requested 
the school children of the State to vote on Arbor Day for a 
State flower. One hundred and thirty different varieties re- 
ceived votes, and 318,079 votes were cast. The golden-rod 
received the greatest number of votes cast, 81,308, while the 
rose received 79,666 votes. As no flower received a majority 



TEXT-BOOKS, CODE OF PUBLIC INSTRUCTION, ETC. 269 

of the votes cast, and as the vote for the golden-rod and the 
rose was so evenly divided. Superintendent Draper requested 
that a vote be taken on these two flowers on Arbor Day in 
1891. This vote was taken, with the result that the rose received 
294,816 votes and the golden-rod 206,402. The rose is there- 
for considered our State flower. 

Best American Nature Poem. — On Arbor Day of 1891 the 
teachers of the State, in response to a request of the State Super- 
intendent that they express their choice by vote for the best 
American poem on nature or trees, selected Bryant's Forest 
Hymn by a majority of 156 votes. Bryant's Thanatopsis was 
second choice. 

Date. — Arbor Day occurs on the Friday following the first 
-day of May in each year. 

Duty of School Authorities. — The law makes it the duty of 
the school authorities of every public school in the State " to 
observe this day properly by assembling the pupils in the school 
building or elsewhere for the purpose of holding, under the 
general direction of the city superintendent or district superin- 
tendent, exercises which shall tend to encourage the planting, 
protection, and preservation of trees and shrubs, and an acquaint- 
ance with the best methods to be adopted to accomplish such 
results." 

Program of Exercises. — The Commissioner of Education is 
required to prepare a program of exercises and instruction for 
use in the public schools on Arbor Day and to cause the same 
to be distributed throughout the districts of the State. 

Distribution of Program. — It is the duty of district superin- 
tendents and city superintendents to provide each of the schools 
under their supervision with as many copies of the program 
prepared by the Commissioner of Education as may be avail- 
able. District superintendents may deposit with each town clerk 
the programs for the school districts of the respective towns in 
their districts, and it is the duty of such clerks to deliver such 
programs to the school authorities of each district. 



27© NEW YORK SCHOOL LAW 

FLAG LAW 
[Article 27] 
The legislature of 1895 passed an act making it the duty of 
the school authorities of each school district and city in the 
State to supply a United States flag, flag-stafl:, and other neces- 
sary appliances for each of the school-houses under their super- 
vision. This flag should be displayed upon or near the school- 
house during school hours and at any other time when so directed 
by the school authorities. 

In cities and union free-school districts this duty rests with 
boards of education, and in all other districts with the trustees 
of such districts. This matter is not left to the discretion of 
these officers, as the law is mandatory and a failure to comply 
with its provisions is sufficient cause for removal from office^ 
If a school-house is not supplied with a flag and the necessary 
appliances, or if such flag and appliances have been lost or 
destroyed, the trustees or board of education of the district or 
city in which such school-house is located should purchase a 
flag and appliances and levy a tax upon the district for the 
expense of the same. School authorities may pursue this course 
without being directed to do so by a district meeting. 

The Commissioner of Education is required to prepare for the 
use of the public schools of the State a program providing for 
a salute of the flag at the opening of each day of school and 
to provide for such other patriotic exercises as he may deem 
to be expedient. He is also required to provide for the ob- 
servance of Lincoln's Birthday, Washington's Birthday, 
Memorial Day, Flag Day, and other similar legal holidays. 
To meet this demand an unusually attractive and interesting 
volume on the history of the flag has been issued and a copy 
placed in every school-house in the State. 

REVIEW QUESTIONS 

By what authority are text-books adopted in union free-school districts? 
In cities? In common-school districts? What vote is necessary in 
common-school districts? When can §uch vote be taken? After a 



REVIEW QUESTIONS 271 

iext-book has been adopted in a city or union free-school district, how- 
may such text-book be changed within a period of five years? After 
a, period of five years? In a common-school district how may a text- 
book be changed within a period of five years after its adoption? After 
a period of five years? What is the penalty for violation of these 
provisions? How may such fine be collected? For what should it 
be used after it is collected? May a union free-school district supply 
pupils with text-books? When? How is it done? 

Who is the custodian of the district's Education Code? If a code is 
lost by the trustee, who should supply another copy? What is the penalty 
if the trustee refuses to do this? How must such fine be used? 

When was Arbor Day created? How? Where did the day originate? 
When? What is considered our State tree? How was it determined? 
What is considered our State flower? How was it determined? Give 
the history of the vote on this question? What was the result of the 
final vote? What has been decided to be the best American poem on 
nature? How was this decided? When does Arbor Day occur? What 
is the duty of school authorities in relation to Arbor Day? Who 
prepares the program of exercises? How are such programs distributed? 
How is the expense of carrying out the provisions of the law met? 

State the provisions of the flag law of 1895 relative to supplying school 
districts with a United States flag. When should the flag be displayed? 
Where? Upon whom does the provisions of the law fall in union 
free-school districts? In all other districts? Are its provisions left to 
tMe discretion of school authorities? What is the penalty for failing 
to comply with its provisions? If a district has not a flag and appli- 
ances, who should purchase one? If a flag and appliances have been 
destroyed, who should replace them? Is a vote of the district necessary 
in either case? 



CHAPTER XXVIII 

SCHOOL AND PUBLIC LIBRARIES 

[See Title 44] 

Apportionment of Library Moneys. — On account of the 
unification act it became desirable to unite the hbrary funds 
which had heretofore been distributed by the two former edu- 
cational departments. The legislature, therefore, now makes 
but one appropriation for libraries. This appropriation is for 
an amount equal to that given the two old departments and the 
method of distribution is such that a school may draw from 
this fund as much money as it was allowed heretofore from 
both funds. The method of this apportionment will be found 
in the article which treats of school moneys. The method of 
distributing the money is as follows : 

An apportionment is made on or about the first of each month 
based on the applications received during the previous month. 
This apportionment is certified to the comptroller. 

The State treasurer upon the warrant of the comptroller pays 
to each county treasurer, excepting in the counties comprising 
the city of New York, an amount equal to that apportioned to 
all of the schools in his county. 

The Commissioner of Education then certifies to the county 
treasurer the schools to which money is due and the amount 
due to each. Upon receipt of this certificate from the Commis- 
sioner of Education the county treasurer pays the allotment to 
each of the schools entitled to receive the same. 

In the city of New York all money due the city is paid to 
the city chamberlain and all money due to private academies 
is paid directly to the treasurer of the academy. 



SCHOOL AND PUBLIC LIBRARIES 273 

Commissioner of Education Has General Supervision. — The 

Commissioner of Education has power to establish, modify, or 
abolish any regulation for the expenditure of school library 
money and the administration and care of school libraries. All 
provisions of law and rules of the Commissioner of Education 
for the management of district libraries shall apply to the man- 
agement of school libraries until modified as directed by law. 

Expenditure of Library Money. — No part of the library 
money of a district — either that raised by the district, appor- 
tioned from State funds, or received from any other source — 
shall be used for any other purpose than for the purchase of 
books, and such books must be approved by the Commissioner of 
Education before being purchased. 

Commissioner May Withhold Money. — The Commissioner 
of Education may withhold from any city or district its share of 
public school moneys, for expending library money for any other 
purpose than the purchase of approved books, or for any other 
willful neglect or violation of law or of the regulations which 
the Commissioner has adopted. 

Librarian. — The board of education of a union free-school 
district and also the board of trustees of a common-school dis- 
trict shall appoint as librarian one of the teachers in the employ 
of their district. Such librarian and trustees or board of educa- 
tion, as the case may be, shall be responsible for the safe-keeping 
and care of the books in the library of their district. They shall 
annually, and oftener if called upon, make a report as the Com- 
missioner of Education shall direct concerning such library. 

Use of School Library. — A school library is not intended to 
be a circulating library. It must be kept in the school building 
at all times and it forms a part of the school equipment. Pupils, 
school officers, teachers and other residents of the district, how- 
ever, may, when the rules of the Commissioner of Education 
permit, borrow any book in said library not needed for reference 
in the school-rooms. Such persons may not borrow more than 
one book at a time nor keep such book more than two weeks. 



2 74 NEW YORK SCHOOL LAW 

Books of Which Library Shall Consist. — School libraries- 
shall consist of reference books to be used in the school-room, 
suitable supplementary reading-books for pupils, books relating 
to the branches of study being pursued in the school, and peda- 
gogic books for the assistance of teachers. It is a ruling of the 
State Department to allow a reasonable number of duplicate 
books to be purchased for supplementary reading. The exact 
number cannot be fixed. The State Superintendent will not 
approve a list including several copies of a text-book upon any 
subject for the use of pupils. This would really be furnishing 
free text-books, which is not permissible. 

Books May be Transferred to Free Library. — The books or 
library property of any city or union free-school district may 
be transferred by the board of education of such city or union 
free-school district to any township or other free public library 
under State supervision, upon condition that such library shall 
remain free to the people of such city or district. Such city 
or district may also aid by tax or in any other way in the estab- 
lishment of such free public library. The same action may be 
taken by any common-school district in the State when a majority 
of the legal voters present and voting at any meeting, duly con- 
vened, shall so direct. 

Release of School Authorities. — The approval of such transfer 
should be obtained from the Regents under their seal, and a 
receipt of such transfer should be taken from the officers of 
the free public library to whom the transfer is made. Such 
approval and such receipt shall thereafter relieve the school 
authorities of such districts or cities from further responsibility 
for said library and property transferred. 

REVIEW QUESTIONS 

How is library money now apportioned? By whom? On what basis? 
When? How does the money reach the county treasuurer? The school 
districts? 

For what purpose must library money be expended? What books 
may be purchased? What is the penalty for expending library money 



REVIEW QUESTIONS 275 

for other purposes than for books approved by the Commissioner of 
Education? What for faihng or refusing to comply with the regulations 
of the Commissioner of Education? By whom is the librarian of a 
union free school appointed? Of a common school? Who must be 
selected librarian in either case? Who is responsible for the care and 
safe-keeping of a library? What reports must be made to the Com- 
missioner of Education? 

May a school library be used as a circulating library? Where must 
the library be kept? Who may borrow books from such library? When? 
For what period? How many books at one time? Of what books 
must such library consist? Of what books may duplicates be purchased? 
How many? May duplicate text-books be purchased for pupils? Why? 
To whom may the library of a city or a union free-school district be 
transferred? Upon what conditions must such transfer be made? By 
whom is such transfer made? When may a common-school district 
make such transfer? What aid may a city or a school district give 
to the establishment of this project? What approvals to such transfers 
should be obtained? What receipt? What is the eflfect of such approval 
and such receipt? 



CHAPTER XXIX 

teachers' training classes, training schools, teachers* 

institute 

teachers' TRAINING CLASSES 
[Article 31] 

Historical Sketch. — In 1834 an act was passed providing for 
the organization of Teachers' Training Classes. They were 
under the supervision of the Board of Regents from that year 
until 1889, when their supervision was transferred hy an act 
of the legislature to the State Superintendent of Public Instruc- 
tion. 

Object. — Teachers' Training Classes are organized to give in- 
struction in the science and practice of common-school teach- 
ing to persons wlio desire to become teachers in the public 
schools of the State. 

Institutions Which May Organize Them. — y\cademies and 
union free schools are the only institutions in which these train- 
ing classes may be organized, and only such of these institutions 
as the Commissioner of Education designates. 

How Such Institutions are Designated. — The Commissioner 
of Education has authority, by law, to adoi)t regulations by 
which institutions desiring the appointment to organize training 
classes must be governed. (As these regulations may be changed 
at any time by the Commissioner of Education they are not given 
in this work, but may be obtained from the Education Depart- 
ment upon application.) 

An institution desiring an appointment to instruct a class 
should obtain a blank application from the Commissioner of 
Education, supply the information called for in such blank, and 



teachers' training classes, etc. 277 

then file it in the State Department at Albany. This application, 
J). Utterly filled out, should be filed not later than May ist, and 
aj^puintments made on such applications are for the school year 
beginning on the first day of August following. I'roni the appli- 
cations filed the Coinnussioner of Education selects those insti- 
tutions which are the best ecjuipped for tiie work and the selection 
of which will distribute such classes throughout the supervisory 
districts of the State so as to give equal advantages, as far as, 
possible, to the people of all parts of the State. The number 
of aj>pointinents which may be made for any year is a matter 
of discretion on the part of the Commissioner of Education, but 
cannot exceed i 13. 

Number of Pupils in Class. — No class can legally be formed 
v/ith a memberslii]> of less than ten or more than twenty-five. 

Period of Instruction. — A class cannot legally be organized 
for a shorter jjcriod tlian lliirty-six weeks, and it is witiiin the 
authority of the Commissioner of Education to require a hunger 
period. Under this authority the Commissioner of Education 
requires the organization of a class to be for two terms of not 
less than eighteen nor more than twenty weeks each. The super- 
intendent has also established a regulation requiring the amount 
of instruction in these classes for each day to consist of three; 
periods of forty-five minutes each. 

Tuition. — No pupil admitted to these classes and remaining" 
therein the period required under the regulations of the Com- 
missioner of Education can lawfully be charged for such attend- 
ance. A non-resifjent j>uj>il who is a member of a training class 
and who leaves such class within the j)rescribed period without 
the consent of the Commissioner of Education may be charged 
tuition by the school authorities of the district in which such 
training class is organized, at the rate charged non-resident pupils 
who are in attendance upon such school but who are not members 
of a training class. 

Compensation Allowed. — An institution maintaining a train- 
ing class of not less than ten pupils regularly organized and 



278 NEW YORK SCHOOL LAW 

conforming to the regulations prescribed by the Commissioner 
of Education is entitled to receive $700 from the State. In case 
a pupil has not been in attendance the required period, or a 
class has not been held for the full period of thirty-six weeks 
or there has been less than ten members in attendance upon such 
class, the Commissioner of Education may, for reasons satis- 
factory to himself, excuse such default and allow the institu- 
tion in which such class was instructed equitable compensation 
proportionate to the number of pupils and period of instruction 
for the time such pupil was in actual attendance upon such 
training class. 

This money is paid by the State Comptroller on the certificate 
of the Commissioner of Education to the district entitled to 
receive it. The money is then the property of the district and 
may be used for school purposes as the district directs, except 
that such money cannot be paid as extra compensation to a 
teacher or teachers who receive a fixed salary. 

Training Class Fund. — The legislature appropriated in 1910 
one hundred twenty-five thousand dollars from the free school 
fund for the support of these classes and training schools. Of 
this amount $61,342.50, was paid for maintenance of training 
classes and the balance to cities for support of training schools. 

Duties of District Superintendents. — District superintendents 
are directed by law to visit and inspect training classes, to advise 
and assist principals in the organization and management of such 
classes, to conduct examinations for such classes as directed by 
the Commissioner of Education and to issue certificates in the 
form prescribed by the Commissioner of Education to those 
members of classes who have met the requirements of the law 
and the regulations of the Commissioner of Education. 

Training-class Certificates. — A training-class certificate issued 
between January i, 1896, and August i, 1905, is valid for three 
years and entitles its holder to teach in any public school, during 
its validity, in the commissioner district for which it is issued. 
Upon its expiration it may be renewed for a period of five years. 



teachers' training classes, etc. 279 

l^ithout further examination. It must also be indorsed by any 
• district superintendent in the State, when presented to him for 
that purpose. These certificates issued after August i, 1905, 
entitle their holders to teach in those schools only which do 
not maintain an academic department. Upon their expiration 
they may be renewed for a period of five years. 

Regulations for Classes. — To the Commissioner of Educa- 
tion is given the authority to establish regulations, for the in- 
struction and management of training classes, to prescribe the 
course of study for such classes, and to determine the condi- 
tions upon which pupils will be admitted to such classes. 

No person can receive a certificate who is under the age of 
eighteen years, and as pupils are required to be under instruc- 
tion in a training class one year, candidates for membership in 
such classes must be at least seventeen years of age. (Com- 
plete regulations may be obtained upon application to the Com- 
missioner of Education.) 

CITY TRAINING SCHOOLS 
[Section 551, also article 31] 

Any city in the State, or any district of 5,000 or more popula- 
tion in the State, employing a superintendent of schools, may 
establish and maintain schools or classes for the professional 
training and instruction of teachers for not less than two years. 

The law also provides that no person is eligible to membership 
in one of these training schools or classes who has not been; 
graduated from a high school or academy having a three years' 
course of instruction approved by the Commissioner of Educa- 
tion, or from some other institution of equal or higher rank. 
The course of study of such training schools or classes must 
also be approved by the Commissioner of Education. 

The Commissioner of Education is also authorized to appor- 
tion to each city maintaining a training school or class under 
the provisions of this law and the regulations which he prescribes. 



^3o NEW YORK SCHOOL LAW 

the balance of the annual appropriation for training classes and 
training schools after apportioning the training classes the 
amount to which they are entitled. This balance must be ap- 
portioned ratably according to the aggregate attendance of th,e 
pupils regularly admitted to such training schools. 

teachers' institutes 

[Article 30] 

Origin. — The first teachers' institute in this State was held at 
Ithaca in April, 1843. It was in session for two weeks and 
was attended by twenty-eight teachers. The Superintendent of 
Tompkins county had charge of it and obtained assistants to 
conduct it. It received no aid from the State. The propriety 
of establishing this institute was decided upon in October, 1842, 
at the Tompkins County Teachers' Association. The work was 
successful and popular, and other counties soon followed 
the same plan. In 1847 the legislature appropriated $60 for the 
aid of each institute held in the State. As the legislature makes 
no appropriation for institutes they have been discontinued. 
The conferences of teachers held bj district superintendents 
supercedes the institute's work. 

REVIEW QUESTIONS 

What is the object in organizing training classes? When was the 
first act creating them passed? Who had supervision of them? What 
change was made in 1889? In what institutions may they be organized? 
By whom are these institutions designated? Explain bow these ap- 
pointments are made? What restrictions are placed on the number 
of pupils which may be in a class? What period of instruction Is re- 
quired? What period for each day? Are members of these classes 
charged tuition? What exception is there to this rule? What com- 
pensation is allowed an institution for maintaining one of these 
classes? How is this money obtained? What appropriations' are made 
for this work? What equitable allowance may be apportioned for 
maintaining a training class? What are the general dut'es of district 
superintendent in relation to these classes? Explain fully the value 
of a training class certificate. By whom are regulations governing 
training classes prescribed? What is the minimum age limit for ad- 
mi?sion to these classes? Explain the provisions of section 551 of the 
Education Law relating to training schools and classes in cities and 
villasres employing a superintendent. Explain the method of appro- 
priating State funds for these purposes. 



CHAPTER XXX. 

EETIREMENT OF TEACHERS 
[Article 43b] 

The legislature of 1911 enacted a retirement law applicable 
to the teachers of the State and its essential provisions are as 
follows : 

1 It applies to all teachers and principals employed in the 
public schools of the cities and sciiool districts of the State 
which are not already subject to the provisions of a retirement 
law. It also applies to the superintendents employed in such 
cities and in union free school districts having a population of 
five thousand or more. 

2 It provides for a State Teachers Retirement Board to con- 
sist of hve members. The members are appointed by the Com- 
missioner of Education. One of such members at the time of 
his appointment must be a superintendent of schools in a city 
or district; one, an academic principal; one, a teacher em- 
ployed in an elementary school ; and one a woman teacher. The 
regular term of a member is five years. The members of the 
first board were appointed for one, two, three, four and five 
years, respectively, from January 1, 1912. Vacancies are 
filled by the Commissioner of Education for the unexpired 
terms. A member may be removed by the Commissioner of 
Education for cause on notice of charges and after a hearing. 
A member of the board may also resign. Members serve with- 
out pay but -are entitled to expenses incurred in the perform- 
ance of their duties. 

3 The annual meeting of the board will be held on the second 
Wednesday in January and it must hold regular meetings at 
least once in each three months. The board elects a secretary, 
at a salary approved by the Commissioner of Education, but 
which can not be in excess of $2000. The board and its secre- 
tary have been assigned a room in the Education Building. 

(281) 



282 NEW YORK SCHOOL LAW 

4 The State board will have general charge of the adminis- 
tration of the retirement law. It will prepare all necessary 
LJanks and conduct any inquiry or investigation into the rec- 
ords of applicants for retirement which may be necessary to de- 
termine the rights of such applicants. It is to give instruction 
to boards of education in relation to the duty of such boards 
under the law. It issues warrants in payment of annuities and 
is empowered to prescribe regulations to aid in the enforcement 
•of the provisions of the law. 

5 The State Treasurer is the custodian of the retirement 
fund, which he is required to deposit in banks or trust com- 
panies, and the law regulating the deposit of State funds ap- 
plies to the deposit of the retirement fund. The retirement 
board is required to determine from time to time the amount 
•of such fund which shall be permanently invested. The board 
is also required to determine the securities in which such fund 
shall be invested. The fund can be invested only in those se- 
-curities in which the trustees of savings banks may invest the 
-deposits of such banks. 

6 The retirement fund consists of money obtained from the 
following sources: 

a Contributions made by teachers as required under the re^ 
tirement law 

h The income derived from the investment of the retire- 
ment fund 

c Donations, legacies, gifts, bequests etc. 

d Appropriations made by the State Legislature 

7 All teachers employed in cities or school districts to which 
the retirement law applies, who have entered into contracts 
since August 1, 1911, and all teachers in such cities or districts 
who may hereafter enter into contracts, shall pay into the teach- 
•ers retirement fund 1 per cent annually of their salaries under 
isuch contracts. Any teacher within such cities or districts who 
-entered into contract prior to August 1, 1911, may elect to con- 
tribute 1 per cent annually of the salary paid pursuant to such 
■contract and thereupon will become entitled to all the privileges 
•conferred by the law. Boards of education are required to de- 



RETIREMENT OF TEACHERS 283 

duct from the salaries of all teachers the amount which they are 
required to pay into the retirement fund. The amount thus de- 
ducted should be paid into the treasury of the city or district 
and credited to the school fund. This money is not paid into 
the State treasury. The Commissioner of Education, in ap- 
portioning the State funds, will deduct the amount which each 
•city or district is required to pay into the State treasury from 
the public money to which it is entitled and will issue a war- 
rant upon the State Comptroller for the payment of the ag- 
gregate amount of the several cities and districts into the State 
treasury to be credited to the State teachers retirement fund. 
The amount of public money which a city or district will re- 
ceive will be less the amount which such city or district should 
pay into the State teachers retirement fund. 

8 In a city or in a union free school district, a teacher may 
be retired either upon her own application or the application of 
her board of education. If a teacher in a city or union free 
school district is entitled to be retired and has become ineffic- 
ient and such teacher does not make application to be retired, 
her board of education may file an application for her retire- 
ment. In all other districts, the request for retirement should 
be made by the teacher. As there is no tenure of office in com- 
man school districts and teachers are employed for one year 
only, trustees are not given the power to apply for retirement of 
teachers. If a teacher in such a district becomes inefficient, 
trustees need not employ her. The request for retirement must 
be in, the form prescribed by the retirement board, which will 
provide blanks for that purpose. Such proof as the board may 
require to show that an applicant has satisfied the requirements 
for retirement must be filed with the application. The retire- 
ment board must pass upon each request and determine whether 
or not it shall be granted. There are two conditions on which 
teachers may be retired. These are as follows : 

a A teacher must have taught in public schools for a period 
of twenty-five years. Such teacher must have taught the last 
fifteen of such twenty-five years in the public schools of those 
districts or cities to which this act applies. The law does not 



284 NEW YORK SCHOOL LAW 

exact even that the first ten years of such service shall have beeix 
in the State. A teacher who meets these requirements and who 
has paid the required amount into the retirement fund may be 
retired. 

h A teacher who has become physically or mentally incapaci- 
tated may be retired by the board if she shows that she has. 
taught in public schools for fifteen years and that the last nine 
years of such period of fifteen years she taught in the schools. 
of the cities or districts to which this law applies. Where a 
teacher submits sufficient proof with her application to show 
that she satisfies these conditions, the board has discretion to 
grant the application for retirement. 

The question is raised as to the discretion of the board in 
cases of teachers who have complied wdth the provisions of sec- 
tion 1109 by showing the required period of service, etc. The 
bill does not provide nor does the language of the law contem- 
plate that all teachers upon rendering twenty-five years of ser- 
vice shall be retired. The law states that a teacher who satis- 
fies the conditions imposed by subdivision 1 of section 1100 
f'hall be entitled to an annuity upon her retirement from actual 
service as such teacher. The law does not read that a teacher 
satisfying such conditions shall he retired, but it reads that vpon 
retireiiient she shall receive an annuity. The same provision is 
found in subdivision 2 of the same section. This provision of 
law reads that a teacher satisfying the conditions imposed 
therein may he retired and upon her retireinent shall receive 
an annuity, etc. Then again subdivision 3 provides that, " The- 
board shall pass upon all requests for retirement, and shall de- 
termine whether such requests should be granted." This lan- 
guage clearly implies a discretion on the part of the board. 

The retirement board will retire teachers after twenty-five 
years of service or more, provided good reason exists for such 
action. It will be necessary to establish to the satisfaction of 
this board that the physical condition of the teacher is such that 
she should be retired or that, because of her inefiiciencv at this 
period of life, it will be for the good of the school in which she 
is teaching that she should be retired. The law itself contain^; 



RETIREMENT OF TEACHERS 285 

the reasonable provision that, if a teacher has become physically 
or mentally incapacitated after fifteen years of service, she may 
on her application be retired. In other words, teachers will not 
be retired until they have become inefficient or incapacitated 
and their retirement is necessary for the efficiency of the ser- 
vice. If the retirement board should exercise an unwise dis- 
cretion in retiring teachers, the law contains the requisite rem- 
edy by providing for appeal under the usual judicial proceed- 
ing to the Commissioner of Education, to review the action of 
the retirement board. This proceeding could be instituted by 
any teacher within the territory to which the law applies or by 
any taxpayer of the State. 

9 The annuity to which a teacher upon retirement shall be 
entitled is one-half her salary at the time of such retirement. 
An annuity in no case, however, shall exceed the sum of six 
hundred dollars. To be entitled to an annuity, a teacher must 
have paid into the retirement fund 30 per cent of her annuity. 
If this amount has not been paid at the time of her retirement, 
she may make a cash payment which, when added to her prev- 
ious contributions to such fund, will equal 30 per cent of her 
annuity. If a teacher is not able to make such cash pa^Tnent, 
the pa_)Tnent of her annuity may be withheld and credited to 
her payments until the portion of the annuity withheld shall 
equal the required 30 per cent of her annuity. Annuities will 
be paid quarterly and will date from the date on which the re- 
tirement board gives favorable action on an application. 

10 Section 110'9-b specifically provides that this law shall 
not apply to any county, city or district in which the teachers 
in the public schools are required or authorij^ed to contribute to 
a teachers retirement fund, except upon a petition of two-thirds 
of all the teachers of such city or district, which petition must 
be duly signed and verified. In other words, if the teachers of 
Rochester desire to come under this act, two-thirds of all the 
teachers of such city must, sign a petition duly verified and file 
such petition with the retirement board. But this section fur- 
ther provides that upon any local retirement organization taking 
such action, the organization or society created under the local 



286 NEW YORK SCHOOL LAW 

a«t shall be dissolved and discontinued. If the teachers of the 
city of Rochester should therefore come under the law, their 
local retirement organization becomes dissolved and discon- 
tinued. The funds in their local treasury would therefore be 
paid into the State treasury and credited to the State retirement 
fund for the purpose of meeting annuities which have already 
accrued under the provisions of the Rochester act. 

REVIEW QUESTIONS 

To what teachers does this law apply? What board is created? By 
whom appointed? Describe the composition of the board. How are 
vacancies filled? How may members be removed? When is the an- 
nual meeting held? What are the general duties of such board? 
Who is custodian of the retirement fund? How must it be deposited? 
Who determines upon such securities? Of what does the fund consist? 
What teachers are required to come under this law? What teachers 
may? Explain how contributions are paid. How may a teacher be 
retired in a union free school district? In a common school district? 
Who determines upon the retirement of a teacher? Explain each condi- 
tion upon which a teacher may be retired. What may be said upon 
the discretion of the board to retire a teacher? What relief has a 
teacher from the unjust action of the board? What annuity may a 
teacher receive? To what sections of the State does not this law 
apply? How may the teachers of such sections come under the law? 



INDEX 



Page 

Academies transferred to trustees 65 

Administration division 11 

Appeals to commissioner of education 260 

Arbor day: 

date of 269 

duty of school authorities 269 

history of 268 

nature poem 269' 

program for 269 

state flower 268 

state tree 268 

Attendance division 11 

Board of education: 

admit non-resident pupils 126 

adopt by-laws, regulations 123, 

annual meeting 1 14 

application of school moneys by 170 

appoint clerk 115 

appoint collector 115 

appoint superintendent 127 

appoint treasurer 115 

city and village authorities levy taxes I29. 

contingent expenses, how settled 129 

control schools 125 

corporate body 114 

courses of study, provide for 123 

custodian of property 124 

disbursement of money by 130, 131 

employ teachers 126 

erect and repair buildings 124 

expenses of members of boards attending educational meet- 
ings 132 

file report with town clerk 131 

fill vacancies in board 127 

', furniture and apparatus, purchase of 124 

hold real estate in trust 125 

insure school property 124. 



288 NEW YORK SCHOOL LAW 

Board of education — Continued. Page 

issue certificate of indebtedness 132 

keep record of proceedings 128 

levy tax without vote 129 

may adopt an academy as an academic department 131 

may hire school rooms and furnish them 124 

may lease an academy 131 

may sell property and exchange real estate 125 

meetings of 130 

money to be held by city or village treasurer 130 

prescribe text-books 123 

publish statement of receipts and disbursements 128 

remove members of board 1 14, 127 

remove teachers 126 

report estimated expenses 128 

select president of 115 

stairways, etc 127 

sites, purchase of 124 

visitation of schools by 130 

waterclosets 127 

Bonds: 

bonds and mortgages 141 

issue of 141 

sale of 142 

supervisors 142 

treasurer and collector in union free school districts 115 

Branch schools 100 

Commissioner of education 10, 25-30 

administer affidavits 28 

annual reports 27 

apportionment of school moneys 29 

chief executive officer 26 

deaf, dumb, and blind institutions 27 

decide appeals 29 

election of 25 

eligibility 26 

enforce compulsory education law 28 

examination of teachers 29 

general supervision 27 

historical sketch 25 

liold property in trust 29 

Indian education 27 

inspection of schools 27 

issue stays, etc 29 

list of normal graduates 28 



INDEX 289 
I 
Commissioner of education — Continued. Page 

may open schools when authorities refuse to do so 30 

normal schools 29 

powers and duties 26 

prepare registers, etc 28 

prescribe regulations 30 

removal of 26 

remove school officers 28 

revocation of certificates 28 

salary 26 

school libraries 29 

term of office 26 

trustee, etc 27 

vacancy 9 

Compulsory education: 

attendance officers 227 

attendance upon evening school 223 

character of instruction 224 

commitments, expenses of 229 

definition of terms 222 

duty of parents, etc 224 

employment of children in streets 231 

employment certificates 226 

evening school certificates 225 

excuses for absence and tardiness 229 

industrial training 229 

inspectors of 230 

misdemeanor of parents, etc 224 

number days' attendance required 223 

penalty for unlawful employment 226 

permits and badges 231 

record of attendance by teachers 227 

school record certificates 225 

state funds withheld 230 

the act of 1874 222 

truants, arrest of 228 

truants, commitment of 229 

truant schools 229 

unlawful employment of children 226 

where children may attend 224 

who shall attend upon instruction 223 

Contracts (see under "Teachers' Qualifications, etc."). 

Contract system 184 

Corporal punishment 210 

County judge 55 



ago NEW YORK SCHOOL LAW 

County treasurer: Page 

make annual report to commissioner of education 54. 

payment of school moneys 54 

payment of unpaid taxes 54 

require bonds of supervisor 54 

should sue bond 54 

Courses of study: 

agriculture 217 

authority to adopt 178 

authority of parents 179^ 

authority of teachers 179^ 

drawing 194 

in normal schools 246 

industrial training 217, 221 

kindergarten 246 

physiology and hygiene 179 

religious exercises 182 

subjects that may be included 178 

subjects that must be included 178 

vocal music 194 

Director of state library 11 

Director of state museum 11 

District attorney 55 

District superintendent: 

administer oaths 44 

appoint trustees 45 

apportion school moneys 45 

assemble teachers 45 

call school meetings 45 

certificate of election 38 

condemn school buildings 43 

divide territory into school districts 45 

establish district boundaries 43 

examine and license teachers 44 

expenses of 4^ 

failure to elect 38 

filling vacancy 39 

how chosen 37 

inspect training classes 4^ 

meeting of directors 3^ 

meetings of school officers 4^ 

not to be interested in certain business, etc 40 

not to engage in other business 40 

oath of office 4^ 

order furniture supplied 43 



INDEX 291 

District superintendent — Continued. Page 

order nuisance abated 43 

order repairs 43 

; performing duties of another superintendent 42 

'; powers and duties 42 

proceedings of meeting of directors 38 

qualifications of 39 

recommend appointment of normal pupils 45 

removal from office 41 

reports 44 

revocation of certificates 44 

rooms for examinations 45 

salary of 41 

salary may be withheld 42 

subject to regulations of commissioner 45 

supervision 42 

take testimony in appeals 44 

term of office 39 

vacancies 38 

Drawing 194 

Education code 267 

Educational extension division 12 

Examinations division 12 

Expenditures by trustees without vote of district 160 

Fire drills 211 

Flag law 270 

Free tuition law 186 

Gospel and school lands 166 

Holidays (legal) 169 

Industrial education 217 

Inspection divisions 13 

Janitor's work 204 

Kindergarten 13 jl 

Law division 13 

Libraries: 

apportionment of money 272 

books to consist of 274 

books may be transferred to free library 274 

commissioner may withhold money 273 

expenditure of money 273 

general supervision of . . 273 

librarian 273 

school authorities released 274 

use of library 273 



292 NEW YORK SCHOOL LAW j 

Page 

Literature fund 167 

Medical inspection 13$ 

Meetings in common school districts: 

annual school meetings 79 

first meeting in new districts 75 

special meetings 77 

Meetings in union free school districts: 

date of 79 

notice of 79 

powers of annual and special meetings 78, 81 

special meetings 78 

Newsboys — permit, badge, etc 231 

Normal schools: 

academic departments 248 

application of insurance money 247 

application of tuition 247 

commissioner of education, powers and duties 245 

courses of study 246 

diplomas 247 

historical sketch 243 

how established ^ 244 

how governed 244 

insurance of 247 

local board, powers and duties 244 

principal of 245 

pupils, admission of 245 

pupils, dismissal of 246 

pupils, Indians 246 

pupils, non-resident 246 

pupils, privileges of 246 

removal of teachers — the Hoose case 248 

,(,i their object 243 

ij&fficers of common school districts: 

1^- clerk 105, 107 

collector 105, 108 

librarian no 

treasurer loS, 109 

bar to recovery of penalty 106 

election 105 

eligibility of 105 

j filing and notice of appointing 106 

I notice of election 105 

penalty for refusing to serve 106 

removal from office 107 



INDEX 293 

Officers of common school districts — Continued. Page 

treasurer — Continued. 

term of 105 

vacancies 106 

trustee: 

acceptance and refusal of office 92, 94 

action of board, how determined 94 

; board of trustees 94 

I call special meeting to fill vacancy 95 

! corporate body 94 

election of 89 

; election in districts having 300 children of school age 117 

; eligibility 89 

! failure to elect at annual meeting 92 

I filing appointment 93 

i may hold property as a corporation 94 

i meetings of board 95 

notification of election 92 

' number of trustees determined 91 

number of trustees increased 91 

number of trustees reduced 91 

: penalty for refusal to serve or neglect of duty 93 

powers of sole 94 

i prohibitions 89 

removal from office 93 

resignation 92 

supplying vacancy 93 

term of office of 90 

vacancy in office 92 

powers and duties of, in relation to: 

acts, misdemeanors 102 

branch schools 100 

control use of school building loi 

i course of study 98 

! custody of property 98 

• employment of teachers 98 

fuel and furniture 97 

insurance of library 98 

insurance of property 98 

interest in contracts 103 

janitors, to provide 100 

keep accounts loi 

liability of 103 

make annual report to district 102 

make annual report to district superintendent 102 



294 NEW YORK SCHOOL LAW 

Officers of common school districts — Continued. Page 

powers and duties of, in relation to — Continued. 

moneys that may be received by 103 

notice of meetings 97 

nuisances, abatement of 99^ 

pay balance to succesors in office 102 

payment of teachers' salaries 98 

purchase of school apparatus 100 

purchase or lease school-house sites, etc 97 

raise legal tax loi 

refusal to render account 102 

removal of teachers 98 

repair school-houses, staircases, etc 99 

rules for discipline of school 98 

tax lists and warrant to collector 97 

waterclosets, to provide 99 

Physiology and hygiene requirements 179-182 

Pupils : 

expulsion of 210 

punishment of 210 

right to attend school 59 

suspension of 209 

teachers, authority over 207 

Regents: 

board of, etc 9 

election powers, etc 9, 10 

(See University of the State of New York.) 

Religious exercises in school loi 

Religious garb 205 

Rural school supervision: 

district superintendent 37 

historical development 31 

school directors 34 

supervisory districts 33 

Retirement of teachers 248 

Schools: 

attendance of non-residents 60 

closing of 204 

commissioner may open 30 

common 59 

for colored children 252 

for deaf and dumb and blind 255 

for Indians 253 

for orphans 253 

^ public 59 



INDEX 295 

Schools — Continued. Page 

school register 28 

union free 59 

who may attend 252 

School buildings: 

condemnation of 143 

insurance of 144 

location of 137 

outbuildings 145 

payments by installments 140 

payments, report of 142 

plans, approval of 138 

repairs of ^37 

sale of 144 

stairways, outside of I44 

tax for erection of 138 

use of 144 

School census: 

census board 235 

census required 235 

expenses 237 

in cities 236 

in school districts 237 

officers 235 

parents to report 236 

withholding information 237 

School directors: 

ballots 35 

filing certificates of nomination 34 

filling vacancy 37 

meeting of 38 

notice of election 35 

number of 34 

oath of ofRce 37 

proceeding of meeting 38 

salary 37 

term of office 37 

vacancies 37 

when and how chosen 34 

women not to vote 37 

School districts: 

adjustment of aflfairs of dissolved 67 

alteration of 68 

classes of 59 

common , , , 59 



296 NEW YORK SCHOOL LAW 

Schoo). districts — Continued. Page 

constitutional provision 5S 

definition of 59 

description of 60 

dissolution of 61 

division of territory in 58 

formation and dissolution of joint 6a 

joint 59 

number of 58 

origin of 58 

outstanding moneys of dissolved 67 

property of dissolved 67 

records of 68- 

union free 59 

School hours 204 

School libraries division 14 

School moneys: 

allowance to excluded districts 170 

annual apportionment 169 

application of state funds 17a 

apportionment on attendance 175 

apportionment of fines 175 

apportionment to joint districts 174 

apportionment of library money 174 

certificates of apportionment filed 172 

superintendent's certificate of apportionment 173. 

superintendent's certificate to supervisors 173 

common school fund 164 

correcting erroneous apportionment 174 

date of apportionment 172 

different funds 164 

districts entitled to share in apportionment 174 

district quota set apart 172 

district and teachers' quotas 169 

enumeration of inhabitants for supervision quota 168 

filing certificate of apportionment 174 

free school fund 165 

industrial education quotas 17a 

moneys apportioned may be reclaimed 171 

payments of quota on unqualified teachers 171 

payments of school moneys to supervisors 174 

state funds withheld 171, 181 

state school moneys defined 168 

supplemental apportionment 172 

* supervision quotas l65 



INDEX 297- 

School moneys — Continued. Page 

training class quotas 170 

unexpended moneys in hands of supervisors 173, 

United States deposit fund 165 

when payable 172 

School savings banks 188 

School year 59. 

Sites: 

acquisition of 136 

change of 135 

designation of 135, 137 

improvement of 135 

sale of 136 

tax for *. 135 

transfer of title 136 

State education building 14 

State education department 9-15 

assistant commissioners 10 

chiefs of divisions II 

commissioner of education 10, 25-30- 

falsely representing, etc 15 

historical sketch 9 

State scholarships in Cornell University: 

competitive examinations for 240- 

eligibility 241 

entrance examinations 241 

how awarded 240 

leave of absence 242 

number of 240 

origin of 239 

scholarship privileges 241 

vacancies in 241 

Statistics division 14 

Supervisors: 

accounts of receipts and disbursements 50 

annual return of school moneys 49 

disburse school moneys 49 

fees for paying out school money 51 

filing statements of accounts Sa 

fix valuation of property 51 

formation and alteration of school districts 51 

member of local board to fix district boundaries 51 

obtain funds from predecessor 50- 

payment to collector or treasurer 49^ 

payment to union free school districts 50- 



298 NEW YORK SCHOOL LAW 

Supervisors — Continued. Page 

records of receipts and disbursements S® 

recover penalties and forfeitures 50 

trustees of gospel and school lands 49 

Supervisory districts: 

call and organization of meeting 34 

how organized 33 

number of 33 

record of proceedings 34 

territory embraced 33 

Taxes: 

amendment of tax list 158 

apportionment on personal property 152 

apportionment on real estate 149 

assessment of 148 

assessment of bank stock 151 

assessment of non-resident real estate 150 

assessment of property by trustees 154 

assessment of real estate lying in one body 149 

collection of unpaid 159 

exempt from taxation for school building 155 

filing tax list and warrants 158 

form of heading for tax list 148 

form of tax list 149 

notice of receiving taxes 156 

on land worked on shares ISS 

on property in possession under contract 155 

payment of unpaid taxes by county 160 

property exempt from taxation 152 

return of collector on unpaid 159 

tax of tenant chargeable to landlord 155 

trustees may sue collector's bond 158 

trustees may sue for tax 158 

valuation equalized by supervisors 154 

valuation, how reduced 153 

valuation of property 153 

warrants for collection of 156 

warrants, renewal of 158 

Teachers' institutes: 

by whom appointed 280 

conductors of 280 

duty of district superintendent in relation to 281 

excused from attendance 283 

expense of 281 

failure to attend 283 



INDEX 



899 



Teachers' institutes — Continued. Page 

failure to close school during 282 

notice of 281 

origin ' 280 

payment for attendance 283 

regulations for 281 

school must be closed during 282 

time and place of 280 

use of school buildings for 282 

visitation of 281 

who shall attend 282 

Teachers, qualifications of, powers and duties, etc.: 

age of ip2 

authority over pupil 207 

by whom employed 200 

1 certificates: 

academic jne 

college graduate jq2 

<Jrawing jp^ 

elementary jg^ 

first grade ip^ 

general jp^ 

indorsement by district superintendent 196 

indorsement by commissioner of education 196 

kindergarten jg . 

normal school diplomas jg^ 

revocation of jg- 

state * * jg2 

superintendents may refuse to issue 195 

temporary license ige 

training class jg^ 

training school jg^ 

uniform jg- 

vocal music ig^ 

closing school 204 

contract, form of 201 

contracts with minors igg 

contracts with married women 200 

contracts with relatives 200 

dismissal of 202 

duty in relation to fire drills 211 

employment of, in cities 208 

enforcement of payments 205 

must accept orders on supervisors and collector or treasurer.. 202 
must keep record of attendance 203 



300 NEW YORK SCHOOL LAW 

Teachers, qualifications of, powers and duties, etc. — Con. Page 

must verify register 203. 

payment of unqualified 197 

payment when school is closed 202 

pensioned 248 

period of employment 200 

rules and regulations for 204 

wearing religious garb 205 

when compensation is due 201 

when illness prevents teaching 206 

who are legally qualified to teach 192 

who may contract I99 

Teachers' retirement 281 

Teachers' training classes: 

compensation allowed 277 

designation of institutions for 276 

duty of district superintendent in relation to 278 

historical sketch 276 

institutions which may organize them 276 

number of pupils in class 277 

object of 276 

period of instruction 277 

quota 170 

regulations for classes 278 

training class certificates 278 

training class fund 278 

tuition 277 

Teachers' training schools 27^ 

Text-books: 

adoption of 266 

adoption in union free schools 266 

change of 266 

fine, how collected 267 

free text-books 267 

penalty for violations 267 

supplying pupils with 267 

Town clerks: 

assist in formation of district 55 

distribute documents 5^ 

file bonds of treasurer and collector 53 

file records of district 53 

file treasurer's certificate 53 

final accounts 5^ 

members of local board to fix district boundaries 52 

obtain reports of trustees 5^ 

payment and expenses of SS 



INDEX 301 

Town clerks — Continued. Page 

preserve records 51 

record annual accounts 52 

record of apportionment 52 

report list of officers to district superintendent 52 

Trade schools division 14 

Union free school districts: 

alteration of boundaries by district superintendents 64 

annexation of common school districts to 64 

annual meeting of districts thus formed 66 

bonds of treasurer and collector in 116 

call of meeting to form 61 

consolidation 62 

date of annual meeting 79, 114 

designation of site 135 

disposition of money on hand 66 

dissolution of 64 

divide district 65 

division of dissolved districts 65 

election of officers in districts having 300 or more children.. 117 

election of trustees in 117 

expenses of notices 63 

failure to notify all voters 62. 78 

failure to organize 63 

filing of papers and proceedings 63 

history of 59 

how formed 61 

librarian 116 

may borrow money and issue bonds 141 

notice of sale of bonds 142 

notice of meeting 62, 79, 118 

notice of tax proposed for school buildings 141 

notification of commissioner of education 66 

number required at meeting. . . .• 63 

number of trustees in 112 

procedure of meeting 63 

special meetings 78 

special powers 78 

tax for teacher's salary 129 

term of trustees 113 

trustees classified 113 

trustees, eligibility of. 113 

trustees form board of education 113 

trustees, removal from office 114 

trustees, vacancy in 114, 127 



302 NEW YORK SCHOOL LAW 

Union free school districts — Continued. Page 

vote on expenditure of money 128, 141 

who may vote for officers in 116 

women, right of, to vote in 116 

University of the State of New York: 

chancellor and vice-chancellor l6- 

charters educational institutions l6- 

chief functions 16 

credentials of 18-23 

crimes under university law 17 

degree conferring institutions 17 

organization 16 

Vaccination 189 

Visual instruction division 14 

Voters: 

challenge of 85, 119 

decision of education department in relation to 86 

general qualifications 84 

penalty for illegal voting 86, 119 

residence of 85 

special qualifications 84 

women, right to vote 85, 116 



FEB 12 1913 



